LAWS(BOM)-2009-11-26

SURESH SHRIRANG MANDAWGANE Vs. STATE OF MAHARASHTRA

Decided On November 05, 2009
SURESH S/O. SHRIRANG MANDAWGANE Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) The appeal is filed against the judgment and order rendered by Ad hoc Additional Sessions Judge, Jalna dated 04 04 2007 convicting the appellant for the offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer Rigorous Imprisonment for life and to pay a fine of Rs.1000/ (Rs. One thousand only), in default to payment of fine, to suffer further Rigorous Imprisonment for six months, in Sessions Case No.94/2006.

(2.) The facts leading to the prosecution of the appellant can be narrated thus :

(3.) It is common ground that soon after the incident which took place at about 1.00 a.m. during the night between 8th and 9th March, 2006, Mangalbai was promptly admitted to Civil Hospital, Jalna where the medical treatment to her commenced. Even her first dying declaration was recorded within an hour or so at about 2.30 a.m. during that night.