( 1 ) THE appellant accused alongwith his father Shankar Ramchandra bagav and mother Sou. Girijabai Shankar bagav were tried on a charge of having committed offence under sections 302, 498-A r/w section 34 of the Indian Penal Code by the IV Additional Sessions Judge, pandharpur. By judgment and order dated 3/11/2001, the trial Court found the appellant accused Dadarao Shankar Bagav guilty of having committed offence punishable under section 302 of the Indian Penal Code and was sentenced to suffer imprisonment for life and to pay fine of Rs. 1000. 00 in default to suffer simple imprisonment for six months. He was also granted set off under section 428 of the Cr. P. C. The appellant accused was acquitted of the charge of having committed offence punishable under section 498 r/w section 34 of the Indian penal Code whereas the original accused no. 2 and 3 i. e. parents of the appellant accused were acquitted of the offence punishable under sections 302, 498-A r/w section 34 of the Indian Penal Code.

( 2 ) IT is the prosecution case that the deceased Varsharani was married to the appellant accused Dadarao Shankar Bagav on 10/7/1999 and came to reside with the appellant-accused. Soon after the marriage the appellant accused and her parents started ill-treating her on the pretext that she was not doing any work and cooking properly. This fact was revealed by her to her parents and relatives when she returned from her in-laws place. Inspite of that she was sent to matrimonial house by her parents.

( 3 ) ON the fateful day i. e. 11-10-1999 at about 9. 50 p. m. Sou. Varsha was brought to Primary Health Center, Velapur in burnt condition where she was attended by Dr. Anirudha Pimple, P. W. No. 1 who was the medical Officer in charge of Primary Health centre. Dr. Pimple informed the police and referred the patient to Civil Hospital, solapur vide the communication Ex. 10. On reaching Civil Hospital, Solapur, she was admitted by Dr. Phule, P. W. No. 13 who was on duty, called Police Head Constable Abdul razak, P. W. No. 2 who was attached to the police Chowki situated in the campus of civil Hospital, Solapur.

( 4 ) IN the presence of Dr. Phule, Police head Constable, Abdul Razak, P. W. No. 2 recorded the statement of the victim after being satisfied that she was conscious and in a position to give a statement which was certified by Dr. Phule. After recording her statement Police Head Constable, Abdul razak requested S. E. M. Dattatray Ganpat javanjal, P. W. No. 11 to record the dying declaration of the victim. Dattatray Ganpat javanjal, P. W. No. 11 visited Civil Hospital and contacted Dr. Pradip Kasbe, P. W. No. 12 and informed him the purpose of his visit and requested Dr. Kasbe, P. W. No. 12 to examine the patient and certify that she was in a fit condition so that he would record her dying declaration. After Dr. Kasbe, P. W. No. 12 examined the patient and found her fit, S. E. M. Dattatray Javanjal, P. W. No. 11 recorded the dying declaration of the victim as per her say. P. H. C. Razzak, P. W. No. 2 collected the dying declaration recorded by S. E. M. P. W. No. 11 and forwarded the statement recorded by him and the dying declaration to Sadar Bazar Police Station on the basis of which Police Head Constable, shri Bhartsing Tadavi, P. W. No. 6 who was attached to Velapur Police Station registered cr. No. 0/99 in Velapur Police Station on the basis of crime No. 0/99 registered by Sadar Police Station against the appellant accused and his parents i. e. original accused Nos. 2 and 3 for having committed offences under sections 307, 498-A, 504 r/w section 34 of the Indian Penal Code, treated the statement recorded by Police head Constable, Razzak, P. W. No. 2 of the victim as F. I. R. (Ex. 12) and handed over the investigation to P. S. I. Ashpat, P. W. No. 10. P. S. I. Ashpat, P. W. No. 10 on the next day visited the scene of occurrence i. e. house of the appellant accused at Village Pisewadi, sheri and in the presence of panchas, he prepa

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