SK RAIS SK KHALIL Vs. STATE OF MAHARASHTRA, THROUGH POLICE STATION OFFICER, POLICE STATION, DHAD, TQ AND DISTRICT BULDANA

JUDGEMENT

(1.) By way of present appeal, the appellants challenge the judgment and order dated 28th February, 2013 passed by the learned Additional Sessions Judge, Buldana in Sessions Trial No. 12 of 2012 thereby convicting the appellants (hereinafter referred as accused) for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code and sentencing them to suffer RI for life and to pay a fine of Rs.4,000/ each.

(2.) The case of the prosecution against the appellants/accused, in short, is as under :

(3.) Naib Tahsildar Shri Wagh went to the General Hospital, Buldana, obtained the certificate of Medical Officer and recorded dying declaration of deceased Marjina. On the basis of dying declaration, crime was registered against the accused for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code. During treatment, Marjina died on 17.04.2011. Dead body was sent for postmortem. Medical Officer Dr. Kalyani Date conducted postmortem.