TULSIRAM WAMAN PAWADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants who stand convicted for offence unishable under section 302 read with Section 34 of the Indian penal Code and sentenced to imprisonment for life and to pay find of Rs. 2,000/- each in default of payment of fine, to further undergo imprisonment of 2 years, by the Additional sessions Judge, Basmathnagar, by judgment dated 10-5-2007, in Sessions Trial No. 34/05, by this appeal questions the correctness of their conviction and sentence.

(2.) Such of the facts as are necessary for the decision of this appeal may briefly be stated thus : p. W. 3 Pardeshi a Police Constable attached to the Jawala Bazar outpost, received a communication from police Head Constable of Jawala Bazar Police Station from die Primary health Centre, Jawala Bazar regarding admission of injured Archana in the Civil hospital at Parbhani. The Police Sub-Inspector on duty, therefore, directed P. W. 3 Police Head constable Pardeshi to record declaration of injured Archana. The communication is at exh. 19. Accordingly, P. W. 3 Head Constable pardeshi went to the civil hospital for recording the dying declaration. He issued a memorandum to the Tahsildar, Parbhani for recording the dying declaration. After ascertaining the condition of injured Archana to give the statement, Police Head Constable P. W. 3 pardeshi accordingly recorded the statement of archana at Exh. 21. On the basis of the said statement, an offence vide Crime No. 72/05 came to be registered under Sections 498-A, 307 read with 34 of the Indian Penal Code.

(3.) The pivot of the prosecution revolves around the two dying declarations. As stated by us above, Exh. 21 is the dying declaration first in point of time, which came to be recorded by P. W. 3 Police Head Constable pardeshi. On the strength of the said dying declaration, an offence came to be registered. Though P. W. 3 Police Head Constable Pardeshi has been crossed examined at length, nothing of importance has been elicited in his cross-examination to doubt the veracity of the evidence of this witness. Similarly, P. W. 7 Fulpagar the executive Magistrate had recorded the dying declaration at Exh. 31, he too has been extensively cross-examined but nothing of importance has been elicited in his cross-examination.