VILAS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) AppellanthasassailedtheJudgmentofconviction awardedbySessionsJudge,YavatmalinSessionsTrialNo.37of 2004fortheoffencepunishableunder Section302 oftheIndian Penal Code and sentenced him to suffer imprisonment for life and to pay a fine of Rs.500/-, in default to suffer rigorous imprisonment for 15days.Heisalsoconvictedfortheoffencepunishableunder Section498-A oftheIndianPenalCodeandsentencedtosuffer imprisonment for two years and to pay a fine of Rs.400/-, in default to suffer rigorous imprisonment for 10 days.

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

(3.) Informationwasgiventothefatherandrelativesof deceased. They reached to the hospital. In the night, police informed Naib-TahsildarShrihariKanhujiThamke(PW-5)torecorddying declaration. He went to the hospital at about 11.30 p.m., obtained certificate of fitness from Medical Officer Dr.Mahadeo Maroti Zalke (PW-10) and recorded the statement of deceased (Exh.50).In the same night, at about 1.00 p.m., deceased died in the hospital. After receiptofdyingdeclaration,crimewasregisteredagainstthe appellant and his relatives for the offences punishable under Sections 302 , 498-A r/w. 34 of the Indian Penal Code .