MANGESH DEVIDAS KADAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned counsel for the applicant and learned APP for the State.

(2.) This application is filed for suspension of sentence and for grant of bail by the original accused Nos. 1 and 2, who are husband and mother-in- law respectively of the deceased, Yogita. The applicants/appellants are convicted for the offence punishable under Section 498-A and 306 of Indian Penal Code . Applicant No.1 Mangesh is sentenced to suffer Rigorous Imprisonment for period of 5 years and to pay fine of Rs.10,000/- for the offence punishable under Section 306 of Indian Penal Code and is sentenced to suffer Rigorous Imprisonment for 3 years and to pay fine of Rs. 5,000/- for the offence punishable under Section 498-A of Indian Penal Code, while applicant No.2 Mandabai, is sentenced to suffer Rigorous Imprisonment for 3 years and pay fine of Rs.5,000/- in default of payment of fine, to suffer Simple Imprisonment for period of 3 months for the offence punishable under Section 306 of Indian Penal Code and is sentenced to suffer Rigorous Imprisonment for a term of 3 years and to pay fine of Rs.2,000/- in default of payment of fine amount, to suffer Rigorous Imprisonment for 3 months for the offence punishable under Section 498- A of Indian Penal Code.

(3.) Learned counsel for the applicants submits that case of prosecution is based on two dying declarations recorded by P.W. 1 District Supply Officer and P.W. 2 Investigating Officer. However, in the dying declaration recorded by the P.W. 1, there is no reference of thumb impression, affixed thereon with regards to, whether it is of her toe or left or right hand thumb. It is also contended that in fact, according to the case of prosecution and according to postmortem report, deceased died of sustaining 90% burn injuries. It is further contended that in the first dying declaration allegations made are Sonali Patil vague and its contents are inconsistent to subsequent dying declaration recorded by P. W. 2- Investigating Officer on the same day. By referring to above facts and relevant evidence on record, it is prayed that application be allowed.