SUMAN VITHAL SHINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE Additional Sessions Judge, Pune on the strength of dying declaration recorded by P.W. 6 Ulhas Dattatraya Koranne, Special Judicial Magistrate, vide Exhibit 20 recorded the finding of conviction for the offence punishable under section 302 IPC against the appellant, Suman for having committed murder of Vandana by pouring on her person kerosene and setting her on fire on 17-11-1993 at about 2 p.m. in Survey No. 336, Vadarwadi.

(2.) MISS Rupali Deo, the learned counsel while questioning the correctness of the conviction principally raised a ground that victim Suman was not conscious to tender the dying declaration and out of suspicion the appellant came to be implicated in the incident leading to the homicidal death of Vandana. Having regard to the grounds, as raised we have examined the prosecution claim as releaved through the dying declaration.

(3.) WITH the assistance of the learned counsel for parties we have examined the evidence of P.W. 6 Koranne. After requisition he reached the hospital and in the presence of P.W. 7 Dr. Walvekar, he first ascertained the condition of the patient Vandana. He also asked preliminary question to ascertain whether she is capable and thereafter at 7.35 P.M. recorded the dying declaration. P.W. 7 Dr. Walvekar certified that the patient was fit to tender dying declaration. Nothing could be brought in cross examination to discredit his version or the substance of dying declaration. Even otherwise Koranne being a disinterested person could not plan to implicate the appellant on somebody's suspicion. The dying declaration as recorded is perfect and trustworthy. The learned Sessions Judge was justified in accepting the same as basis for conviction.