GAUTAM DAMAJI NAGRALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant- original accused has challenged the judgment and order of conviction and sentence recorded by the learned Additional Sessions Judge, Thane dated 30-12-1994 in Sessions Case No. 428 of 1993 by taking various grounds. As per the order under challenge, the appellant accused was convicted for the offence under section 302 I. P. C. and the accused was ordered to suffer R. I. for life and to pay a fine of Rs. 500/- i. e. to undergo further R. I. for six months.

(2.) SHRI Arjunwadkar, the learned Counsel appearing on behalf of the appellant has while arguing the matter, taken us through the evidence in detail and he submitted that the learned trial Judge has committed error in accepting the prosecution case by convicting the accused for the offence of murder. He had also while arguing the matter, contended that even the investigation in the present case is not properly conducted and the appellant accused is falsely involved in a serious offence of murder. According to Shri Arjunwadkar, the learned Judge was not right in accepting the evidence of P. W. 6 Devadas Jaiswani, Executive Magistrate, who had recorded the dying declaration of Sharmila looking to the burn injuries found on Sharmila to the extent of 92% and prayed that the order of conviction and sentence be set aside by allowing the appeal. The learned Addl. Public Prosecutor appearing on behalf of the State has supported the order.

(3.) WHILE taking us through the evidence and on close scrutiny of the same, we have to examine the contentions raised before us whether the learned Judge was right in accepting the prosecution case as it is and whether in the present case the investigation carried out by the Investigating Officer was proper or not and further in light of the evidence of the prosecution witness, the learned Judge was right in accepting the case of the prosecution by convicting the accused for murder of deceased Sharmila. As per the prosecution case, the incident in question has occurred on 26-1-1993 at about 6. 15 p. m. at the residence of the accused situated at Samata Nagar, Ulhasnagar, Camp No. 5 and the accused was charged that he had poured kerosene on Sharmila Shrirang Kamble and set her on fire and Sharmila died in Central Hospital at Ulhasnagar on 27-1-993 at about 2. 40 a. m.