AMIN PYARALI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These two appeals are being disposed of by this common judgment as the appeals have been filed against the same judgment of the learned Additional Sessions judge, Greater Mumbai, in Sessions Case No. 24 of 1993 dated 18th October, 2002 by which they were convicted. All the three appellants in two appeals are convicted under section 302 read with section 34 of Indian Penal Code. All of them have been sentenced to imprisonment for life and fine of Rs. 5,000/- each in default of fine, they have to undergo further imprisonment of six months.

(2.) The appellants in both these appeals are father, son and daughter. The deceased was the wife of the son. It was the case of the prosecution that when accused returned to their home, the deceased was in home making Chapati on a burning stove. In a moment of anger, accused No. 1 threw the stove on the body of the deceased, namely, Yasmin. She sustained burn injuries and later succumbed to death. It was also alleged that the neighbours tried to extinguish the fire, and other accused remained a moot spectators. On the basis of this report charges were framed. Accused pleaded not guilty and claimed to be tried.

(3.) It may be pertinent to note that when the first dying declaration was recorded by this witness on 14th April, 1992, this witness has obtained the signature of Yasmin on the said dying declaration and also obtained her thumb impression as well as the endorsement of the doctor. But, she did not find it fit to obtain again endorsement at the time of recording second dying declaration, as there was time gap of approximately five hours in between the first dying declaration and the second dying declaration.