RAMESH BABURAO EKAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) ACCUSED Nos.1 and 2 of Sessions Case No.152 of 1996 who are respectively son and mother were facing charge of offence under section 498-A r.w. Section 34 I.P.C. and Section 306 r.w. Section 34 I.P.C. and by judgment dated 15.2.1997, the learned 4th Additional Sessions Judge, Solapur was pleased to hold both the accused guilty.

(2.) FOR offence under Section 498-A I.P.C. each of the accused was awarded

(3.) THE Police Officer, who recorded the statement has also been examined and he is Mr. B.G. Patil, Police Head Constable, P.W.1, Exh.37 page 76. On receipt of the information from the hospital he went there and recorded the statement as given by the deceased. The dying declaration, Exh.25 is confirmed to be the statement by this witness. In cross examination it has come on record that the statement is written in the handwriting of Police Constable Vijay Badode. Based on this, it was urged by the learned advocate Shri Mane on behalf of the appellants that this statement cannot be accepted to be genuine. Firstly, because it has not been proved and secondly the author in whose handwriting the statement has been written has not been examined. In this connection he has cited decision given by this Court on 13.6.1994 in Criminal Appeal No.323 of 1992. The relevant part relied upon by the learned advocate is to be found at page 8 paragraph 12.