ASHWINI RAMMEHER SHARMA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant is convicted for the offence punishable under section 302 of IPC and sentenced to suffer imprisonment for life vide judgment and order dated 30/3/2013 passed by the Learned Additional Sessions Judge at Sewree, Mumbai. Appellant has challenged the said impugned judgment and order by preferring this appeal under section 374 of Cr.P.C.

(2.) The case of prosecution is based on the statement of victim which was treated as dying declaration. The incident referred to in dying declaration is recorded on 3/11/2010. At around 4.00 p.m it is stated that there was quarrel between the deceased and her husband/appellant. The appellant accused had allegedly poured kerosene on the victim and set her on fire. Investigation has proceeded. The statement of victim was recorded and same is treated as dying declaration On completing investigation chargesheet was filed.

(3.) The prosecution has examined 11 witnesses PW-1 Suresh Desai is the brother of deceased Vijaya. PW-2 Dr. Dhritiman Nath is the Medical Officer at KEM Hospital. He conducted post mortem. PW-3 Suresh Vishwakarma is the neighbour. PW-4 Baburao Telange is neighbour . PW-5 T. R. Yadav is the panch witness for spot panchanama. PW-7-Usha Chavan is sister of deceased. PW-8-Kamal Desai is the brother of deceased, PW-9 Rajesh Desai is brother of deceased. PW-10 S. G. Rajput is Investigating Officer. PW-11 Krishna Chavan P.S.I. who recorded statement of victim. The appellant accused has examined himself as defence witness.