KISHOR Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant has assailed the judgment of conviction awarded by learned Additional Sessions Judge, Achalpur in Sessions Trial No. 72/2015 by which he is convicted for the offence punishable under Section 302 of the Indian Penal Code and sentenced to suffer life imprisonment and to pay fine of Rs. 5,000/in default to suffer simple imprisonment for six months. He is also convicted for the offence punishable under Section 498A of the Indian Penal Code and sentenced to suffer simple imprisonment for one year and to pay fine of Rs. 1,000/in default to suffer simple imprisonment for one month. He is also convicted for the offence punishable under Section 504 of the Indian Penal Code and sentenced to suffer simple imprisonment for six months and to pay fine of Rs. 500/in default to suffer simple imprisonment for 15 days.

(2.) The case of the prosecution against the appellant in short is as under.

(3.) Heard learned counsel Mrs. S.P. Kulkarni for the appellant. She has pointed out evidence on record and submitted that statement of deceased was recorded by Investigating Officer, P.W. 9. Deceased was admitted on 3-52-005. She died on 26-5-2005. During this period, no effort was made by the Investigating Officer to record the statement of deceased by Executive Magistrate. No explanation is given by the prosecution. Evidence of P.W. 1 and P.W. 4 are reliable. They are interested witnesses. Dying declaration stated by deceased before P.W. 9 vide Exhibit 40 is reliable. Oral dying declaration stated by P.W. 1 and P.W. 4 also reliable. They are interested witnesses. In support of her submissions, learned counsel has pointed decision in the case of Surinder Kumar v. State of Haryana reported in 2012 ALL MR (Cri) 696 (S.C.).