BALASAHEB ABASAHEB FARATE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH this appeal the appellant challenges the judgment and order dated 29-10-1994 passed by the Additional Sessions Judge, Pune, in Sessions Case No. 88/94, whereby he has been convicted and sentenced in the manner stated hereinafter :--

(2.) IN short the prosecution case is that the appellant was married to the deceased Bebi on 20-5-1987 in village Dokarai, Taluka Shrigonda, Dist. Ahmednagar. After the marriage the deceased started staying with the appellant in his house in village Pimpalsuit. Out of the wedlock two children were born. On 5-11-1993 the appellant asked Bebi to go to her fathers house for bringing money to celebrate Diwali. But she did not do so. On the night of 6-11-1993 Bebi sustained severe burn injuries in her house. She was immediately taken to Dr. Lonker and thereafter she was brought to K. E. M. Hospital, Pune. On 7-11-1993 at about 3. 45 a. m. , the Special Executive Magistrate Ulhas Dattatray Koranne, recorded her dying declaration at the K. E. M. Hospital, in question and answer form. It reads thus:

(3.) THE investigation was conducted in the usual manner by A. P. I. Baban Appasaheb Ethape of Shirur Police Station who on completing the same submitted the chargesheet. It is pertinent to point out that during the course of investigation on 16-11-1993 the appellant was arrested and was sent for medical examination. He was medically examined by Dr. Pradip Patil P. W. 4, who found on his person the following injuries: