DEEPAK GOVIND JIMEN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant found guilty of matricide and convicted under section 302 of the Indian Penal Code and sentenced to life imprisonment and to pay a fine of Rs.100/- has filed this appeal impugning his conviction and sentence awarded to him by the Addl. Sessions Judge, Greater Mumbai, on 12.11.1993 in Sessions Case No.943 of 1990.

(2.) The brief facts leading to the conviction of the appellant are as follows:

(3.) As the appellant pleaded not guilty, on behalf of the prosecution, seven witnesses were examined. P.W.1 is Dr. Dinesh Bhatt, Medical Officer attached to Asha Parekh Hospital, Santacruz. P.W.2 is Dr.Vasant Vanmore, Medical Officer attached to Coroner's Court who performed postmortem on the dead body. P.W.3 is Ms Ratna Mohod, Special Executive Magistrate, who recorded the dying declaration of the deceased. P.W.4 Dr. Bimal Shah is the Resident Medical Officer of Cooper Hospital. P.W.5 is Mrs.Usha Kolhe, daughter of the deceased and sister of the appellant. P.W.6 is P.S.I. Madhukar Bavith attached to D.N. Nagar police station who recorded the F.I.R. of the deceased and also registered the crime. P.W.7 is P.I. Mane attached to D.N. Nagar police station who investigated the offence. Apart from the aforesaid oral testimony of the witnesses, the prosecution has relied on the medical papers of Asha Parekh Hospital (exh.5) and the certificate issued by the Doctor at exh.22 and the F.I.R. (exh.23), the dying declaration recorded by S.E.M. at exh.11 and medical papers of Cooper Hospital at exh.13, the postmortem report (exh.9) and C.A. report of kerosene residue test at exh.27.