LAWS(BOM)-2019-7-380

SHAMRAO Vs. STATE OF MAHARASHTRA

Decided On July 18, 2019
SHAMRAO Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) By this appeal, the appellants are challenging judgment and order passed by learned Ad hoc Additional Sessions Judge, Akola dated 09.11.2006 in Sessions Trial No.31/2006, by which the appellants stand convicted for the offence punishable under Section 498-A and 306 read with Section 34 of the Indian Penal Code (IPC). Their punishment for their respective conviction is two years and five years and payment of fine of Rs.100/- and Rs.200/- for the said conviction.

(2.) Heard Mr. A. S. Thotange, learned counsel for the appellants and Mr. P. S. Tembhare, learned A.P.P. for the State. I have also gone through the record and proceedings and proved the documents, especially three dying declarations of deceased Sunita, with the assistance of both the learned counsel.

(3.) It is the submission of learned counsel for the appellants that it would be unfair to record a finding of guilt against the appellants only on the basis of dying declarations. He submitted that close relatives of the deceased Sunita did not support the prosecution that at no point of time before deceased was subjected to cruelty at the hands of appellants. He submitted that there was every possibility of Sunita being in hallucinations at the time of recording her dying declaration. He submitted that there is no evidence to show that at any point of time, the appellants' intention was that the deceased should commit suicide. He relied on decision of this Court in Shripad Arjun Kamat Vs. State of Goa; reported in 2002 ALL MR (Cri) 1055, Mahendra Singh and anr. Vs. State of M.P., reported in 1995 Supp (3) SCC 731 and Laxman Vs. State Maharashtra, reported in AIR 2002 SC 2973, to buttress his submissions. It is also his submission that appellant no.1 is aged about 80 years and appellant no.2 is aged about 72 years. He, therefore, submitted that in the light of that some respite in the quantum of punishment be given.