Bombay High Court
State Of Maha vs Gajanan Gopalsingh Thakur And Ors on 8 December, 2020
Author: Ravindra V. Ghuge
Bench: Ravindra V. Ghuge, B. U. Debadwar
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPEAL NO.291 OF 2003
The State of Maharashtra
Through Police Station Manatha,
Tq. Hadgaon, Dist. Nanded .. Appellant
(Orig. Complainant)
Versus
1. Gajanan s/o. Gopalsingh Thakur
Age : 22 yrs, Occu : Kirana Shop.
2. Sow. Shantabai w/o. Gopalsingh Thakur,
Age : 60 yrs, Occu : Household
3. Gopalsingh s/o. Dhanusingh Thakur, .. Appeal dismissed as
Age : 65 yrs, Occu : Agril, against Repdt nos.2 &
All R/o. Warwat, Tq. Hadgaon, 3 as per Court's order
District Nanded dtd.22-03-2005.
..Respondents
(Orig. Accused)
...
Mr S.G. Sangle, APP for the Appellant / State
Ms A.S. Jadhav, Advocate, h/f. Mr P.R. Katneshwarkar
Advocate for Respondent No.1
...
CORAM : RAVINDRA V. GHUGE
AND
B. U. DEBADWAR, JJ.
Date : 08-12-2020
ORAL JUDGMENT (Per: Ravindra V. Ghuge, J.) :-
1. By this Appeal, the State has challenged the Judgment and order dated 13-11-2002 delivered by the learned II Adhoc Additional Sessions Judge, Nanded in Sessions Case No.90 of 2002.
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Vide the said Judgment, the trial Court has acquitted all the three accused from the charge of having committed an offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as the 'I.P.C.').
2. On 22-03-2005, this Court had passed the following order :
"Heard AP.P. Shri V.B. Ghatge for Appellant - State and Advocate Shri P.R. Katneshwarkar for Respondents. A.P.P. Shri Ghatge has also made available copies of two dying declarations, one recorded by police which was treated as F.I.R. and another recorded by Judicial magistrate, First Class. In both the dying declarations, there is a consistent story that husband poured kerosene and he only ignited her. Although there is an accusation about an earlier occasion, about a fortnight prior to the date of incident, where, in-laws had tried to feed her poisonous material, so far as the date of incident is concerned, there do not appear to be any allegations against parents-in-law i.e. Respondent Nos.2 and 3.
Hence, admit only as against Respondent No.1 Gajanan.
Call for R & P. Advocate Shri Katneshwarkar assures that Respondent No.1 shall appear before the Sessions Court, Nanded on 11th of April, 2004. If he so appears, learned Sessions Judge shall enlarge him on furnishing a P.R. Bond and one surety of Rs.10,000/= and by directing him to report before the Sessions Judge once in every quarter (three months) till disposal of Criminal Appeal No.291 of 2003 by this Court.
The Appeal is dismissed as against Respondent Nos.2 and 3."
3. As such, this appeal challenging the acquittal of these Gajanan Punde/PA/d ::: Uploaded on - 15/12/2020 ::: Downloaded on - 09/02/2021 20:16:15 ::: ..3.. CriApeal.291.2003 three accused, has been dismissed as against two accused who were the father-in-law and mother-in-law of the deceased.
4. We have considered the extensive submissions of the learned prosecutor on behalf of the appellant - State and the learned Counsel on behalf of the sole respondent, who was accused no.1 - husband of the deceased. Both the learned Counsel have read out the entire testimonies of PW1 to PW10 and with their assistance, we have gone through the appeal paper book and the Record and Proceedings, threadbare.
5. This case is said to be based on two written dying declarations of the deceased Jamunabai and one oral dying declaration as the deceased is said to have orally told her father PW9 that the husband as well as the parents-in-law have poured kerosene on the deceased and the husband has set her ablaze.
6. The case of the prosecution before the Trial Court was that, the deceased, who was 18 years of age at the time of her marriage on 03-03-2002, was set ablaze by the three accused on 15-04-2002 at 11:00 p.m. On 16-04-2002, she was shifted to the Government Hospital at Nanded. A telephonic call was received by Gajanan Punde/PA/d ::: Uploaded on - 15/12/2020 ::: Downloaded on - 09/02/2021 20:16:15 ::: ..4.. CriApeal.291.2003 the father (PW9) of the deceased, vide which, he was informed that the deceased has got burnt. As he rushed to Warwat, the place where the marital home of the deceased was situated, he saw a jeep at Waranga phata. He found that his daughter, her husband, a neighbour Babusingh, her mother-in law Shantabai, father-in-law Gopalsingh and Sonusingh, close relatives of accused no.1, inside the jeep. As such, PW9 - Narayansingh, father of the deceased also boarded the same jeep. It is said that in the jeep, PW9 asked his daughter as to what had happened and she purportedly told him that her husband and his parents poured kerosene on her and her husband set her on fire.
7. The prosecution has examined 9 witnesses, who are as follows :-
a) PW1 - Karansingh s/o. Rajaramsingh Chavan, maternal grandfather of the deceased
b) PW2 - Rajusingh s/o. Karansingh Chavan, maternal uncle of the deceased
c) PW3 - Madhukarrao Venkatrao Mane, learned JMFC, Kandhar, who recorded the second dying declaration
d) PW4 - Dr Sunil Bhagwanrao Kulkarni, Medical Officer with the Government Hospital, Nanded, who has conducted the post-mortem examination.
e) PW5 - Laxuman s/o. Gyanoba Suryawanshi, Panch
witness of the spot panchanama
f) PW6 - Laxmanrao Ganpatrao Paradkar, Second Panch
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Witness with regard to the spot panchanama.
g) PW7 - Sau. Parvatibai w/o. Karansingh Chavan, panch
witness of the Inquest Panchanama
h) PW8 - Kishan s/o. Kamaji Bokare, Police Head Constable
at the Police Outpost Government Hospital, who recorded the first written dying declaration of the deceased, which has been treated as an FIR.
i) PW9 - Narayansingh Kancharansingh Javane, father of the deceased
j) PW10 - Ashok Vishwanathrao Jukte, Police Sub Inspector.
8. The statements of the accused were recorded, in which, all have denied their involvement. The three accused had stated that they desire to tender evidence and lead oral evidence. However, no oral evidence was led.
9. After considering the oral and documentary evidence before it, the learned Trial Court delivered its Judgment on 13-11-2002 thereby acquitting all the three accused.
10. The learned Prosecutor has relied upon the following Judgments : -
(i) Sakharam S/o. Sitaram Bhise Vs. The State of Maharashtra, 2020 ALL M.R. (Cri) 3647
(ii) Munnu Raja and another Vs. The State of M.P., AIR 1976 SC 2199 Gajanan Punde/PA/d ::: Uploaded on - 15/12/2020 ::: Downloaded on - 09/02/2021 20:16:15 ::: ..6.. CriApeal.291.2003
(iii) State of U.P. Vs. Ram Sagar Yadav and others, AIR 1985 SC 416
(iv) Dashrath alias Champa and Ors Vs. State of M.P., 2007 AIR SCW 6837
(v) Lakhan Vs. State of M.P., 2010 AIR SCW 5993
(vi) Dhanraj Singh alias Shera and others Vs. State of Punjab, AIR 2004 SC 1920
11. The learned Advocate representing the accused has relied upon the following Judgments :-
(i) K. Ramachandra Reddy and another Vs. The Public Prosecutor, AIR 1976 SC 1994
(ii) P. Mani Vs. State of T.N., (2006) 3 SCC 161
12. We have perused the impugned judgment in detail and while considering the extensive submissions of the learned Counsels, we have also perused their brief written notes.
13. Upon appreciating the oral and documentary evidence, we find that two stories emerge from the record. One story is that, the deceased had deeply fallen in love with a person namely Sambhaji Pawade who is a resident of the village, in which, the maternal home of the deceased was situated. His name emerges as Sambhaji Sakharam Pawade, who belonged to the Maratha Gajanan Punde/PA/d ::: Uploaded on - 15/12/2020 ::: Downloaded on - 09/02/2021 20:16:15 ::: ..7.. CriApeal.291.2003 community. The deceased belonged to the Rajput community, which is a Nomadic Tribe. There was a stiff resistance from her parents side and she was also sent to reside with her maternal grandfather at Ardhapur with the intention of terminating her relationship with Sambhaji Pawade. As she continued with her relationship even after shifting to the grandfather's place, the family members assembled with the family members of Sambhaji Pawade and a document was purportedly written down, wherein a commitment was taken from the two lovers that they would not meet each other. In this backdrop, the deceased was forcefully married to accused no.1 on 03-03-2002 at his village Warwat. Around the 8th of April, 2002 she is said to have consumed poison. On 15-04-2002 she is said to have set herself ablaze and she succumbed to her burn injuries on 18-04-2002.
14. The story which is proved by the prosecution is that, there was no such love affair between the deceased and Sambhaji Pawade. A concocted story has been cooked up. The deceased willingly married accused no.1. As her husband - accused no.1 had not approved her selection as his bride, he desired to perform a second marriage and he, along with accused nos.2 and 3, poured kerosene on the deceased and he set her on fire.
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15. There is no dispute that the deceased had got burnt and she has succumbed to her burns on 18-04-2002. It is equally undisputed that there are two written dying declarations in which the deceased has stated that her husband poured kerosene on her and set her on fire. There is no mention of accused nos.2 and 3 in such dying declarations. The death is, admittedly, homicidal.
16. The first dying declaration was recorded by the Police Head Constable (PW8) on 16-04-2002. The doctor had made a written observation that the deceased was fully conscious and fit to give her statement. It is apparent that the doctor has not used the words that "the deceased was oriented". As her body was burnt to the extent of 64% and her fingers were also burnt, the toe impression of her left leg was imprinted on Exh.39 (the first dying declaration which was treated as an FIR). After the recording of such dying declaration, the doctor has once again remarked that, she is fully conscious and was fit to give a statement.
17. The second dying declaration was recorded by the learned JMFC (PW3), which is Exh.27. The doctor had remarked in writing that, the deceased was fully conscious, oriented and fit to give a statement. After the recording of her second dying declaration, Gajanan Punde/PA/d ::: Uploaded on - 15/12/2020 ::: Downloaded on - 09/02/2021 20:16:15 ::: ..9.. CriApeal.291.2003 the toe impression of the left leg of the deceased was affixed and the doctor noted in writing that, she was fully conscious throughout the statement. In both the dying declarations recorded on the same day, the time of recording these statements has not been mentioned. The doctors who have observed on the two dying declarations as regards the fitness of the deceased before and after such recording, have not been examined by the prosecution.
18. We find from Exh.42, which is the police information letter, admittedly a proforma document used for noting the information about the patient being admitted in Ward No.10 (Burns Ward), indicates that the doctor has mentioned the case of the deceased as being an accidental burn case. She was noted to be burnt to the extent of 64%. The doctor 'Dr S.B.K.', as per the contention of the prosecution is Dr Sunil Bhagwanrao Kulkarni, who is PW4.
19. PW1 - maternal grandfather of the deceased has stated in his deposition that the deceased had stayed in his house, about 2 to 4 days after her marriage and was in his home for about 2 to 4 days. He stated that, she had conveyed to him that she was happy. Her brother Pintusingh had brought her again to his house about 15 days later and she told him that she was happy, but for her husband Gajanan Punde/PA/d ::: Uploaded on - 15/12/2020 ::: Downloaded on - 09/02/2021 20:16:15 ::: ..10.. CriApeal.291.2003 mentioning to her that he did not approve her as his wife. He stated that all the three accused wanted accused no.1 to go in for a second marriage. He stated that, Babusingh (not examined by the prosecution) had informed PW1 that the deceased was burnt. On 16-04-2002 PW1 spoke to the deceased in the hospital and he stated that she told him that her husband poured kerosene and set her on fire.
20. In his cross-examination, PW1 stated that he did not know whether the deceased had run away along with Sambhaji Pawade about 1½ years prior to her marriage and after living together, she was again brought back. He did not know whether she was apprehended with Sambhaji Pawade in a lodge at Parali, Dist. Beed. It was not true that PW1, his relatives and father of the deceased had compromised the matter with the Pawade family. He was not aware whether the deceased was insisting on marrying Sambhaji Pawade and not accused no.1. He claimed ignorance that the deceased was moved out from her parents home and brought to his home at Ardharpur so as to disconnect the deceased with Sambhaji Pawade. He denied that he had compelled the deceased to marry accused no.1.
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21. In a peculiar question in cross-examination, PW1 has stated "it is not true that I did not give any information about the love affair of deceased Jamuna to the accused. It is not true that with a thought that deceased Jamuna would again run away with the boy of Pawade, we arranged her marriage at Warwat." Admittedly, Warwat is the marital home of the deceased. The lengthy cross- examination of PW1 was devoted to the purported love affair between the deceased and Sambhaji Pawade. He denied that the deceased was forced by PW1, her two cousin brothers Babusingh and Gangasingh and the grandfather of the accused no.1, to return to her marital home. He pleaded ignorance that the deceased reached her marital home on 15-04-2002 and she got burnt on the very same late evening. He denied that the deceased had told him that she would commit suicide if she was compelled to return to her marital home. He denied that she had attempted suicide 8 days prior to 15-04-2002.
22. PW2 - Rajusingh is the maternal uncle of the deceased. He claimed that her brother Pintusingh had brought her to Ardhapur after about 4 to 5 days of her marriage. She resided at Ardhapur for about 5 to 6 days. Then she was sent back to her matrimonial home at Warwat and on that day, he received a call from Babusingh that the deceased had conveyed to him that her husband had made her Gajanan Punde/PA/d ::: Uploaded on - 15/12/2020 ::: Downloaded on - 09/02/2021 20:16:15 ::: ..12.. CriApeal.291.2003 consume poison. About 8 to 10 days later, accused no.1, Sonusingh, Babusingh and the father of the deceased were called at Ardhapur to find out a resolution and about 06:00 p.m. on 15-04-2002 she was sent back to her matrimonial home and at about 11:00 p.m., that evening itself, the deceased got burnt. PW2, therefore, started for Warwat along with Shaikh Jameer and father of the deceased PW9, Narayansingh by auto rickshaw. When they reached the Waranga Phata, they noticed a jeep in which the deceased was being carried to the hospital. PW9 boarded the same jeep and deceased told him that accused no.1 had set her on fire by pouring kerosene.
23. In his cross-examination, he pleaded ignorance about a love affair between the deceased and Sambhaji Pawade or that both were caught in a lodge at Parali or that the close relatives and some villagers had compromised the matter. He denied that the deceased was shifted to Ardhapur so as to distance her from Sambhaji Pawade or that Sambhaji used to meet the deceased even at Ardhapur or that the deceased was not ready to marry accused no.1 and wanted to marry Sambhaji. He further stated that Sonusingh and Babusingh were in the jeep along with the deceased. The hands of Gopalsingh were burnt. We would refer to the role of the Gopalsingh in the following paragraph. He (PW2) had not boarded the said jeep for Gajanan Punde/PA/d ::: Uploaded on - 15/12/2020 ::: Downloaded on - 09/02/2021 20:16:15 ::: ..13.. CriApeal.291.2003 coming to Nanded. He (PW2) had not lodged any complaint with the police when deceased purportedly informed him that she was compelled to consume poison. The incident of the consumption of poison by the deceased took place about 20 days after the marriage.
24. Gopalsingh is a person whose hands were burnt as per the testimony of PW2. He is accused no.3 and is the father-in-law of the deceased. He is said to have doused the fire.
25. PW3 is the learned JMFC, Kandhar who received a letter at about 05:30 a.m. on 16-04-2002 informing him that the deceased was burnt upto 64% percent and was admitted in Ward No.10 at Government Hospital Nanded. He was informed that her dying declaration is to be recorded. He reached the hospital by 05:50 a.m. He went to the Ward and in the presence of the doctor, he could identify the patient since her husband was present. After the doctor certifying the patient to be fit for recording the dying declaration, he had recorded her statement in which she has said that her husband and her parents-in-law were troubling her by stating that they did not approve her as their daughter-in-law. She stated that her parents-in- law had whipped her. She also said that she was compelled to consume poison about 8 days ago. On 15-04-2002, she had woken up Gajanan Punde/PA/d ::: Uploaded on - 15/12/2020 ::: Downloaded on - 09/02/2021 20:16:15 ::: ..14.. CriApeal.291.2003 at 11:00 p.m. for drinking water and her husband sprinkled kerosene on her, contained in a mug which he held in his hand. He lighted her with fire. His cross-examination has not brought out any discrepancy.
26. PW4, Dr Kulkarni has deposed as regards the burns suffered by the deceased. He stated that a patient with even 90% burn injuries, can be conscious and can be capable of talking. He had conducted the post-mortem. In cross-examination, he denied that 64% burn injuries suffered by the deceased were enough to make her unconscious.
27. PW5, Panch witness of the spot panchanama has stated that he can identify his signature on a paper on which " Police wrote something". In cross-examination, he stated that the police told him that the deceased had committed suicide and therefore they wanted to prepare a spot panchanama. He has then described the house of Gopalsingh, accused no.3. His cross-examination is insignificant.
28. PW6, Laxmanrao, is the second panch of the spot panchanama conducted on 17-04-2002. PW5 was along with him. The police showed these two panchas a kerosene container, a jug and a matchbox. The police panchanama was thereafter drawn and he Gajanan Punde/PA/d ::: Uploaded on - 15/12/2020 ::: Downloaded on - 09/02/2021 20:16:15 ::: ..15.. CriApeal.291.2003 signed thereupon.
29. In his cross-examination, he has stated that the police told him that the deceased (daughter-in-law of Gopalsingh) has committed suicide and therefore, the police wanted to prepare a panchanama. The jug was shown to him from a distance and he could not smell the jug so as to depose whether it was smelling of kerosene. He stated that in the seizure memo, the seizure of kerosene in the container is not mentioned. He does not remember whether the police labelled the kerosene container. Article 1-Jug bears a label with the signatures of PW5 and PW6.
30. PW7 - Parvatibai runs a grocery shop at Ardhapur and is about 65 years of age. She is the panch witness of the Inquest Panchanama (Exh.41). Her examination-in-chief is in one paragraph and there was no cross-examination. She went to the Government Hospital at Nanded because the police of Vazirabad Police Station had called her there.
31. PW8 is the Police Head Constable, who recorded the first dying declaration which was treated as an FIR. He asked the patient her name and address. The doctor certified her to be fit to record her Gajanan Punde/PA/d ::: Uploaded on - 15/12/2020 ::: Downloaded on - 09/02/2021 20:16:15 ::: ..16.. CriApeal.291.2003 statement. He recorded her statement and read it out to her and obtained her left leg toe impression on the same. Except the doctor and the deceased there was nobody present when he recorded her statement. On 18-04-2002 he prepared the inquest panchanama. He identified the same. He denied that any relative of the deceased met him. The patient was on saline and not on oxygen. The patient was crying because of the pains caused by the burn injuries.
32. We have perused the first dying declaration at Exh.39. No time is mentioned on the said statement, except the date being 16-04-2002. The gist of the statement is that the deceased claimed that her husband and in-laws were harassing her as she was not approved as a match for accused no.1. A long story running into three pages has been set out in Exh.39.
33. PW9 - Narayansingh is the father of the deceased, who has stated that about 8 days after her marriage she had come to Ardhapur, had spoken to him, had told him that she was happy and that again after about 10 to 12 days, she was at Ardhapur, when she told him that she was happy. He has then narrated as to how he received a telephone call that the deceased was burnt. On reaching the Waranga Phata, he had boarded the jeep wherein the deceased Gajanan Punde/PA/d ::: Uploaded on - 15/12/2020 ::: Downloaded on - 09/02/2021 20:16:15 ::: ..17.. CriApeal.291.2003 told him that her husband and his parents had poured kerosene on her. The discrepancy that we noticed between the two dying declarations and this statement of PW9 is that the deceased has not alleged that her parents-in-law had poured kerosene on her along with her husband, who set on fire. In her two dying declarations, she claims that her husband alone poured kerosene on her and she does not whisper anything against his parents.
34. In his cross-examination, PW9 pleaded ignorance about Sambhaji Sakharam Pawade. He denied that on 14-06-2000, his daughter and Sambhaji had eloped to Parali. He denied that he, along with Balaji Sayanba, Ambadas Apparao and Sakharam Pawade had brought both of them back from Parali. He denied that the deceased had a love affair with Sambhaji or that she was unable to live without him. He denied that the matter was compromised on 17-06-2000 by reducing the compromise terms in writing. He denied that he had agreed in writing that he would not allow his daughter to meet Sambhaji. It is denied that there was a quarrel between his family and the Pawade family. He denied that the deceased had told him that she would marry only Sambhaji or that, both of them are meeting each other in the village and therefore he dispatched her to Ardhapur at his in-laws place. He denied that his daughter used to Gajanan Punde/PA/d ::: Uploaded on - 15/12/2020 ::: Downloaded on - 09/02/2021 20:16:15 ::: ..18.. CriApeal.291.2003 meet Sambhaji even at Ardhapur. He admitted that he requested his father-in-law, who resides at Ardhapur and the deceased was lodged with him at Ardhapur, to search for a marriageable boy for his daughter (the deceased). He admitted that the engagement between the deceased and the accused no.1 was on the initiative of the father- in-law. He explained the reason for arranging the marriage at the place of accused no.1 at Warwat. He has then repeated his testimony about the deceased getting burnt, she being admitted in the hospital and eventually passing away. He denied that he had forced his daughter to get marry to accused no.1 Gajanan. He denied that his daughter had told him that she would commit suicide if she was forcibly married to accused Gajanan. He denied that after his daughter returned to his house immediately after the marriage, he had compelled her to return to her matrimonial home.
35. PW9 has stated in his cross-examination that the police had recorded his statement on 16-04-2002. He conceded that he did not tell the police in his statement under Section 161 of the CrPC that "I asked my daughter why she did like that. Then my daughter told me that her husband and his parents poured kerosene and her husband set her on fire", because the police did not ask (about it) to me.
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36. PW10 - Ashok is the Investigating Officer. In his lengthy deposition he has supported his investigation and the seizure of articles and the seizure panchanama. In his cross-examination, he has stated that he has recorded the statement of a neighbour Babusingh Kishansingh Thakur, resident of Warwat. He had also recorded the statement of Ganga Deoba Bhandari and Santosh Thakur and then retracted his statement by saying that he did not remember whether he had recorded the statements of these witnesses. The fact remains that Babusingh was not examined as a witness though being the immediate neighbour of the accused and whose statement under Section 161 of the Cr.P.C. was recorded. He admitted in his cross-examination that he did not put the matchbox in a sealed cover as he did not have a seal so as to seal the same. He denied that he had stated to the panch witnesses that the deceased had committed suicide and hence a panchanama had to be drawn. He then stated that he had recorded the statement of Durgabai Babusingh Thakur, neighbour of the accused. We find that the Durgabai was also not examined by the prosecution.
37. He has admitted in his cross-examination that during the course of investigation it was revealed that the deceased did not Gajanan Punde/PA/d ::: Uploaded on - 15/12/2020 ::: Downloaded on - 09/02/2021 20:16:15 ::: ..20.. CriApeal.291.2003 approve of her marriage with the accused Gajanan. It was also revealed during investigation that the deceased had tried to commit suicide by consuming Tar and her parents-in-law had given her an understanding that she should not commit such an act. He further admitted that it was revealed in investigation that because the deceased did not want accused no.1 Gajanan as her husband, she did not want to lead a marital life with him. He also admitted that Exh.42 which contains the description of the injuries of the deceased, mentions the diagnosis as accidental burn. He has then retracted his statement by saying that it is not true that after completion of the investigation, it was revealed that the deceased committed suicide.
38. Considering the record before us, we find that the doctors who have noted their remarks on the two dying declarations Exh.39 and Exh.27, have not been examined. In both these documents, the timing of recording them have also not been mentioned. The learned JMFC PW3, who is said to have received a communication at 05:30 a.m. and had reached to hospital at Exh.05:50 a.m. on 16-04-2002, did not state in his testimony that he was satisfied about the health status of the deceased being conscious, fit and oriented to give a statement, keeping in view the evidence before us that the deceased was in great pains and was continuously Gajanan Punde/PA/d ::: Uploaded on - 15/12/2020 ::: Downloaded on - 09/02/2021 20:16:15 ::: ..21.. CriApeal.291.2003 crying due to the burn injuries.
39. The father of the deceased PW9 and the maternal uncle PW2, have clearly stated in their depositions that they received a call from Babubsingh Kishansingh Thakur, the immediate neighbour of the accused, that Jamunabai had got burnt. Both of them are said to have travelled upto Waranga Phata. PW9 boarded the same jeep in which the deceased was being carried to the hospital at Nanded. PW2 had travelled by an auto rickshaw to the hospital at Nanded. Yet, none of them have lodged an FIR with the concerned police station. Though both claimed that the deceased had stated to them that the parents-in-law and the husband had poured kerosene and the husband had set her on fire, the deceased had not stated in her dying declarations that the parents-in-law were also involved in pouring kerosene on her. So also, Babusingh Kishansingh Thakur had made a call to PW2 and PW9, as claimed by them. Yet Babusingh, whose statement under Section 161 of the Cr.P.C. has been recorded, was not examined before the Court. Since the statement of Babusingh under Section 161 is not admissible in evidence, we are unable to deal with what he has said in his said statement.
40. PW5 and PW6, the panch witnesses, belong to the same Gajanan Punde/PA/d ::: Uploaded on - 15/12/2020 ::: Downloaded on - 09/02/2021 20:16:15 ::: ..22.. CriApeal.291.2003 village Warwat. They seem to be aware about the love story of the deceased and Sambhaji Pawade. They stated in cross-examination that the Investigating Officer had informed them that the deceased had committed suicide and hence their services were required as panch witnesses.
41. We also find from the record in relation to the crime details / panchanama Exh.35 that the liquid, the jug purportedly used by accused no.1 for carrying inflammable liquid, have not been sent to the Regional Forensic Science Laboratory for chemical analysis. There is no evidence to indicate that the liquid was kerosene and whether the steel jug was used for pouring the liquid on the deceased.
42. By considering the above factors, we find that both the dying declarations are under a cloud of doubt. The Hon'ble Apex Court has held in the State of Uttarakhand Vs. Jairnail Singh, AIR 2017 SC 5353 that, minor discrepancies or trivial defects in the investigation, cannot be a ground for concluding that the entire investigation has failed. Similarly, in State of West Bengal Vs. Mir Mohammad Omar and others, 2000 (8) SCC 382, it has been held by the Hon'ble Apex Court that it is impossible in this Country to come Gajanan Punde/PA/d ::: Uploaded on - 15/12/2020 ::: Downloaded on - 09/02/2021 20:16:15 ::: ..23.. CriApeal.291.2003 across a single case wherein the investigation can be said to be absolutely flawless.
43. What we find in the case in hand is the serious deficiencies in the recording of the dying declarations and the learned JMFC not disclosing his satisfaction that he had recorded the dying declaration upon being satisfied that the deceased was fully oriented, conscious and fit to make a statement. PW2 and PW9 failed in filing an FIR. Babusingh Kishansingh Thakur has not been examined. Both the panch witnesses have stated that the Investigating Officer had informed them that the daughter-in-law of Gopal (deceased victim) had committed suicide. The Investigating Officer has specifically stated in his cross-examination that his investigation revealed that the deceased had earlier attempted suicide by consuming Tar and was seriously against being forcefully married to accused no.1 in view of her deep love for Sambhaji Pawade.
44. In the case of Munnu Raja (supra), the Hon'ble Apex Court has observed with regard to the probative value of dying declarations, in paragraph nos.4 to 7 as under :-
"4. We are thus left with the three dying declarations made by Bahadur Singh and since the prosecution has placed great Gajanan Punde/PA/d ::: Uploaded on - 15/12/2020 ::: Downloaded on - 09/02/2021 20:16:15 ::: ..24.. CriApeal.291.2003 reliance on them, we thought it necessary to hear the learned counsel fully on the facts and circumstances leading to the dying declarations.
5. In regard to these dying declarations, the judgment of the Sessions Court suffers from a patent infirmity in that it wholly overlooks the earliest of these dying declarations, which was made by the deceased soon after the incident in the house of one Barjor Singh. The second statement which has been treated by the High Court as a dying declaration is Ex. P-14, being the first information report which was lodged by the deceased at the police station. The learned Sessions Judge probably assumed that since the statement was recorded as a first information report, it could not be treated as a dying declaration. In this assumption, he was clearly in error. After making the statement before the police, Bahadur Singh succumbed to his injuries and therefore the statement can be treated as a dying declaration and is admissible under section 32(1) of the Evidence Act. The maker of the statement is dead and the statement relates to the cause of his death.
6. The High Court has held that these statements are essentially true and do not suffer from any infirmity. It is well settled that though a dying declaration must be approached with caution for the reason that the maker of the statement cannot be subjected to cross-examination, there is neither a rule of law nor a rule of prudence which has hardened into a rule of law that a dying declaration cannot be acted upon unless it is corroborated: (see Khushal Rao v. State of Bombay, 1958 SCR 552=(AIR 1958 SC 22). The High Court, it is true, has held that the evidence of the two eye witnesses corroborated the dying declarations but it did not come to the conclusion that the dying declarations suffered from any infirmity by reason of which it was necessary to look out for corroboration.
7. It was contended by the learned counsel for the appellants that the oral statement which Bahadur Singh made cannot, in the eye of law, constitute a dying declaration because he did not give a full account of the incident or of the transaction which resulted in his death. There is no substance in this contention because in order that the Court may be in a position to assess the evidentiary value of a dying declaration, what is necessary is that the whole of the statement made by the deceased must be laid before the Court, without tampering with its terms or its tenor. Law does not require that the maker of the dying declaration must cover the whole incident or narrate the case history. Indeed, quite often, all that the victim may be able to say is that he was beaten by a certain person or persons. That may either be due to the suddenness of the attack or the conditions of visibility or because the victim is not in a physical condition to recapitulate the entire incident or to narrate it at length in fact, Gajanan Punde/PA/d ::: Uploaded on - 15/12/2020 ::: Downloaded on - 09/02/2021 20:16:15 ::: ..25.. CriApeal.291.2003 many a time, dying declarations which are copiously worded or neatly structured excite suspicion for the reason that they bear traces of tutoring."
45. In State of U.P. Vs. Ram Sagar Yadav (supra), the Hon'ble Apex Court has concluded in para no.13 as under :-
"13. It is well-settled that, as a matter of law, a dying declaration can be acted upon without corroboration.. See Khushal Rao v. The State of Bombay 1958 SCR 552; (AIR 1958 SC 22); Harbans Singh v. State of Punjab 1962 Supp. (1) SCR 104: AIR 1962 SC 439: Gopalsingh v. State of M.P. (1972) 3 SCC 268: (AIR 1972 SC 1557). There is not even a rule of prudence which has hardened into a rule of law that a dying declaration cannot be acted upon unless it is corroborated. The primary effort of the Court has to be to find out whether the dying declaration is true. If it is, no question of corroboration arises. It is only if the circumstances surrounding the dying declaration are not clear of convincing that the Court may, for its assurance, look for corroboration to the dying declaration. The case before us is a typical illustration of that class of cases in which, the Court should not hesitate to act on the basis of an uncorroborated dying declaration. Brijlal had no reason for involving the policemen falsely for having assaulted him. There was no possibility of anyone tutoring him, for the simple reason that he was in the exclusive custody of the policemen of Husssainganji Police Station. It is the respondents who were in a position to exert influence over him. No one else had access to him which not only excludes the possibility of his being tutored, but which also excludes the possibility that he was assaulted by any one else. Indeed, the circumstances of the case leave no doubt that the dying declaration made by Brijlal to Shri Nigam is true in every respect. We consider it safe to accept the statement made by Brijlal to Shri Nigam that he was beaten by the 'Darogah and the constables' of the Hussainganj Police Station."
46. In Dashrath alias Champa and Ors (supra), the Hon'ble Apex Court has held in para nos.9 to 13 as under :-
"9. At this juncture, it is relevant to take note of Section 32 of the Evidence Act, which deals with cases in which statement of relevant fact by person who is dead or cannot be found, etc. is relevant. The general rule is that all oral evidence must be direct viz., if it refers to a fact which could be seen it must be the evidence of the witness who says he saw it, if it refers to a fact Gajanan Punde/PA/d ::: Uploaded on - 15/12/2020 ::: Downloaded on - 09/02/2021 20:16:15 ::: ..26.. CriApeal.291.2003 which could be heard, it must be the evidence of the witness who says he heard it, if it refers to a fact which could be perceived by any other sense, it must be the evidence of the witness who says he perceived it by that sense. Similar is the case with opinion. These aspects are elaborated in Section 60. The eight clauses of Section 32 are exceptions to the general rule against hearsay just stated. Clause (1) of Section 32 makes relevant what is generally described as dying declaration, though such an expression has not been used in any Statute. It essentially means statements made by a person as to the cause of his death or as to the circumstances of the transaction resulting in his death. The grounds of admission are: firstly, necessity for the victim being generally the only principal eye-witness to the crime, the exclusion of the statement might deflect the ends of justice; and secondly, the sense of impending death, which creates a sanction equal to the obligation of an oath. The general principle on which this species of evidence is admitted is that they are declarations made in extremity, when the party is at the point of death and when every hope of this world is gone, when every motive to falsehood is silenced, and the mind is induced by the most powerful considerations to speak the truth; a situation so solemn and so lawful is considered by the law as creating an obligation equal to that which is imposed by a positive oath administered in a Court of justice. These aspects have been eloquently stated by Lyre LCR in R. v. Wood Cock (1789) 1 Leach
500. Shakespeare makes the wounded Melun, finding himself disbelieved while announcing the intended treachery of the Dauphin Lewis explain:
"Have I met hideous death within my view, Retaining but a quantity of life, Which bleeds away even as a form of wax, Resolveth from his figure 'gainst the fire? What is the world should make me now deceive, Since I must lose the use of all deceit?
Why should I then be false since it is true That I must die here and live hence by truth?"
(See King John, Act 5, Sect.4)
10. The principle on which dying declaration is admitted in evidence is indicated in legal maxim "nemo moriturus proesumitur mentiri a man will not meet his maker with a lie in his mouth."
11. This is a case where the basis of conviction of the accused is the dying declaration. The situation in which a person is on deathbed is so solemn and serene when he is dying that the grave position in which he is placed, is the reason in law to accept veracity of his statement. It is for this reason the Gajanan Punde/PA/d ::: Uploaded on - 15/12/2020 ::: Downloaded on - 09/02/2021 20:16:15 ::: ..27.. CriApeal.291.2003 requirements of oath and cross-examination are dispensed with. Besides, should the dying declaration be excluded it will result in miscarriage of justice because the victim being generally the only eye-witness in a serious crime, the exclusion of the statement would leave the Court without a scrap of evidence.
12. Though a dying declaration is entitled to great weight, it is worthwhile to note that the accused has no scope of cross- examination. Such a scope is essential for eliciting the truth as an obligation of oath could be. This is the reason the Court also insists that the dying declaration should be of such a nature as to inspire full confidence of the Court in its correctness. The Court has to be on guard that the statement of deceased was not as a result of either tutoring, or prompting or a product of imagination. The Court must be further satisfied that the deceased was in a fit state of mind after a clear opportunity to observe and identify the assailant. Once the Court is satisfied that the declaration was true and voluntary, undoubtedly, it can base its conviction without any further corroboration. It cannot be laid down as an absolute rule of law that the dying declaration cannot form the sole basis of conviction unless it is corroborated. The rule requiring corroboration is merely a rule of prudence. This Court has laid down in several judgments the principles governing dying declaration, which could be summed up as under as indicated in Smt. Paniben v. State of Gujarat (AIR 1992 SC 1817): 1992 AIR SCW 2050
(i) There is neither rule of law nor of prudence that dying declaration cannot be acted upon without corroboration. [See Munnu Raja & Anr. v. The State of Madhya Pradesh (1976) 2 SCR 764)] AIR 1976 SC 2199
(ii) If the Court is satisfied that the dying declaration is true and voluntary it can base conviction on it, without corroboration. [See State of Uttar Pradesh v. Ram Sagar Yadav and Ors. (AIR 1985 SC 416) and Ramavati Devi v. State of Bihar (AIR 1983 SC
164)]
(iii) The Court has to scrutinize the dying declaration carefully and must ensure that the declaration is not the result of tutoring, prompting or imagination. The deceased had an opportunity to observe and identify the assailants and was in a fit state to make the declaration. [See K. Ramachandra Reddy and Anr. v. The Public Prosecutor (AIR 1976 SC 1994)]
(iv) Where dying declaration is suspicious, it should not be acted upon without corroborative evidence. [See Rasheed Beg v. State of Madhya Pradesh (1974 (4) SCC 264)] AIR 1974 SC 332
(v) Where the deceased was unconscious and could never make any dying declaration the evidence with regard to it is to be rejected. [See Kaka Singh v State of M.P. (AIR 1982 SC 1021)]
(vi) A dying declaration which suffers from infirmity cannot form the basis of conviction. [See Ram Manorath and Ors. v. State of Gajanan Punde/PA/d ::: Uploaded on - 15/12/2020 ::: Downloaded on - 09/02/2021 20:16:15 ::: ..28.. CriApeal.291.2003 U.P. (1981 (2) SCC 654)]
(vii) Merely because a dying declaration does not contain the details as to the occurrence, it is not to be rejected. [See State of Maharashtra v. Krishnamurthi Laxmipati Naidu (AIR 1981 SC
617)]
(viii) Equally, merely because it is a brief statement, it is not to be discarded. On the contrary, the shortness of the statement itself guarantees truth. [See Surajdeo Oza and Ors. v. State of Bihar (AIR 1979 SC 1505)].
(ix) Normally the Court in order to satisfy whether deceased was in a fit mental condition to make the dying declaration look up to the medical opinion. But where the eye- witness said that the deceased was in a fit and conscious state to make the dying declaration, the medical opinion cannot prevail. [See Nanahau Ram and Anr. v. State of Madhya Pradesh (AIR 1988 SC 912)].
(x) Where the prosecution version differs from the version as given in the dying declaration, the said declaration cannot be acted upon. [See State of U.P. v. Madan Mohan and Ors. (AIR 1989 SC 1519)].
(xi) Where there are more than one statement in the nature of dying declaration, one first in point of time must be preferred. Of course, if the plurality of dying declaration could be held to be trustworthy and reliable, it has to be accepted. [See Mohanlal Gangaram Gehani v. State of Maharashtra (AIR 1982 SC 839)].
13. In the light of the above principles, the acceptability of alleged dying declaration in the instant case has to be considered. The dying declaration is only a piece of untested evidence and must like any other evidence, satisfy the Court that what is stated therein is the unalloyed truth and that it is absolutely safe to act upon it. If after careful scrutiny the Court is satisfied that it is true and free from any effort to induce the deceased to make a false statement and if it is coherent and consistent, there shall be no legal impediment to make it basis of conviction, even if there is no corroboration. [See Gangotri Singh v. State of U.P. (JT 1992 (2) SC 417), Goverdhan Raoji Ghyare v. State of Maharashtra (JT 1993 (5) SC 87), Meesala Ramakrishan v. State of Andhra Pradesh (JT 1994 (3) SC 232) and State of Rajasthan v. Kishore (JT 1996 (2) SC 595)]. 1992 AIR SCW 767, 1993 AIR SCW 2971, 1994 AIR SCW 1978, 1996 AIR SCW 1392."
47. In Lakhan Vs. State of M.P. (supra) the Hon'ble Apex Court has held in para nos.9 to 11 as follows:-
"9. This Court has considered time and again the Gajanan Punde/PA/d ::: Uploaded on - 15/12/2020 ::: Downloaded on - 09/02/2021 20:16:15 ::: ..29.. CriApeal.291.2003 relevance/probative value of dying declarations recorded under different situations and also in cases where more than one dying declaration has been recorded. The law is that if the court is satisfied that the dying declaration is true and made voluntarily by the deceased, conviction can be based solely on it, without any further corroboration. It is neither a rule of law nor of prudence that a dying declaration cannot be relied upon without corroboration. When a dying declaration is suspicious, it should not be relied upon without having corroborative evidence. The court has to scrutinize the dying declaration carefully and must ensure that the declaration is not the result of tutoring, prompting or imagination. The deceased must be in a fit state of mind to make the declaration and must identify the assailants. Merely because a dying declaration does not contain the details of the occurrence, it cannot be rejected and in case there is merely a brief statement, it is more reliable for the reason that the shortness of the statement is itself a guarantee of its veracity. If the dying declaration suffers from some infirmity, it cannot alone form the basis of conviction. Where the prosecution's version differs from the version given in the dying declaration, the said declaration cannot be acted upon, (vide : Kushal Rao v. State of Bombay, AIR 1958 SC 22; Rasheed Beg & Ors. v. State of Madhya Pradesh, AIR 1974 SC 332; K. R. Reddy & Anr. v. The Public Prosecutor, AIR 1976 SC 1994; State of Maharashtra v. Krishnamurti Laxmipati Naidu, AIR 1981 SC 617; Uka Ram v. State of Rajasthan, (2001) 5 SCC 254: (AIR 2010 SC 1814 :
2001 AIR SCW 1478); Babulal & Ors. v. State of M.P., (2003) 12 SCC 490: (AIR 2004 SC 846: 2003 AIR SCW 7074); Muthu Kutty & Anr. v. State, (2005) 9 SCC 113 : (AIR 2005 SC 1473 : 2004 AIR SCW 7396) ; State of Rajasthan v. Wakteng, AIR 2007 SC 2020 : (2007 AIR SCW 3802) ; and Sharda v. State of Rajasthan, (2010) 2 SCC 85 : (AIR 2010 SC 408 : 2010 AIR SCW 1)].
10. In Munnawar & Ors. v. State of Uttar Pradesh & Ors.
(2010) 5 SCC 451 : (2010 AIR SCW 3296), this Court held that a dying declaration can be relied upon if the deceased remained alive for a long period of time after the incident and died after recording of the dying declaration. That may be evidence to show that his condition was not overtly critical or precarious when the dying declaration was recorded.
11. A dying declaration recorded by a competent Magistrate would stand on a much higher footing than the declaration recorded by officer of lower rank, for the reason that the competent Magistrate has no axe to grind against the person named in the dying declaration of the victim, however, circumstances showing anything to the contrary should not be there in the facts of the case. [ vide Ravi Chander & Ors. v. State of Punjab, (1998) 9 SCC 303; Harjit Kaur v. State of Punjab, (1999) 6 SCC 545 : (AIR 1999 SC 2571 : 1999 AIR SCW 2751); Koli Chunilal Savji & Anr. v. State of Gujarat, (1999) 9 SCC 562 :
(AIR 1999 SC 3695 : 1999 AIR SCW 3727) ; and Vikas & Ors. v.
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State of Maharashtra, (2008) 2 SCC 516 : (AIR 2008 SC (Supp.) 1356 : 2008 AIR SCW 915).]"
48. It has often being observed in the judgments of the Hon'ble Apex Court that a dying person would not meet his maker (God The Almighty) with a lie in his mouth.
49. In K. Ramachandra Reddy and another (supra), the Hon'ble Apex Court has observed in para no.6 as under :-
"6. The accused pleaded innocence and averred that they had been falsely implicated due to enmity. Thus it would appear that the conviction of the accused depends entirely on the reliability of the dying declaration Ext. P-2. The dying declaration is undoubtedly admissible under s. 32 of the Evidence Act and not being a statement on oath so that its truth could be tested by cross-examination, the Courts have to apply the strictest scrutiny and the closest circumspection to the statement before acting upon it. While great solemnity and sanctity is attached to the words of a dying man because a person on the verge of death is not likely to tell lies or to concoct a case so as to implicate an innocent person yet the Court has to be on guard against the statement of the deceased being a result of either tutoring, prompting or a product of his imagination. The Court must be satisfied that the deceased was in a fit slate of mind to make the statement after the deceased had a clear opportunity to observe and identify his assailants and that he was making the statement without any influence or rancour. Once the Court is satisfied that the dying declaration is true and voluntary it can be sufficient to found the conviction even without any further corroboration. The law on the subject has been clearly and explicitly enunciated by this Court in Khushal Rao v. State of Bombay 1958 SCR 552 = (AIR 1958 SC 22) where the Court observed as follows: "On a review of the relevant provisions of the Evidence Act and of the decided cases in the different High Courts in India and in this Court, we have come to the conclusion, in agreement with the opinion of the Full Bench of the Madras High Court, aforesaid, (1) that it cannot be laid down as an absolute rule of law that a dying declaration cannot form the sole basis of conviction unless it is corroborated; (2) that each case must be determined on its own facts keeping in view tile circumstances in which the dying declaration was made; (3) that it cannot be laid down as a general Gajanan Punde/PA/d ::: Uploaded on - 15/12/2020 ::: Downloaded on - 09/02/2021 20:16:15 ::: ..31.. CriApeal.291.2003 proposition that a dying declaration is a weaker kind of evidence than other pieces of evidence; (4) that a dying declaration stands on the same footing as another piece of evidence and has to be judged in the light of surrounding circumstances and with reference to the principles governing the weighing of evidence, (5) that a dying declaration which has been recorded by a competent magistrate in the proper manner, that is to say, in the form of questions and answers, and, as far as practicable, in the words of the maker of the declaration, stands on a much higher footing than a dying declaration which depends upon oral testimony which may suffer from all the infirmities of human memory and human character, and (6) that in order to test the reliability of a dying declaration, the Court has to keep in view the circumstances like the opportunity of the dying man for observation, for example, whether there was sufficient light if the crime was committed at night; whether the capacity of the man to remember the facts stated had not been impaired at the time he was making the statement, by circumstances beyond his control; that the statement has been consistent throughout if he had several opportunities of making a dying declaration apart from the official record of it; and that the statement had been made at the earliest opportunity and was not the result of tutoring by interested parties."
50. Having considered the oral and documentary evidence before us, and especially the statements of the Investigating Officer and the two panchas, it does appear to us that the deceased was in a love relationship with Sambhaji Pawade. The story put forth by the accused that the deceased had time and again warned her father, maternal uncle and maternal grandfather that she would commit suicide if she was forced to get married to anybody other than Sambhaji Pawade, appears to have some truth as these aspects were also noticed by the Investigating Officer and who has stated in his cross-examination which would lend credence to this story.
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51. PW9 father had accompanied the deceased from Waranga Phata to the Nanded Hospital. The maternal uncle PW2 also had met her in the hospital. The doctor who examined her at the first instance has mentioned the diagnosis as accidental death which probably is on account of his interaction with the deceased when he examined her. Her attempt to commit suicide in the backdrop of her threats to her family members for being forcefully married of, further supports the story of the accused. In this backdrop, we find that the principles culled out by the Hon'ble Apex Court in K. Ramachandra Reddy (supra) would be squarely applicable.
52. In P. Mani (supra), the Hon'ble Apex Court concluded in para no.14 that, conviction can be indisputably recorded on the basis of the dying declaration alone. To do so, such declaration must be wholly reliable. In a case where suspicion can be raised as regards the correctness of the dying declaration, a Court, before convicting an accused on the basis thereof, would look for some corroborative evidence. Suspicion, it is trite, is no substitute for proof. If the evidence brought on record suggests that such dying declaration does not reveal the entire truth, it may be considered only as a piece of evidence in which event conviction may not be rested on the basis Gajanan Punde/PA/d ::: Uploaded on - 15/12/2020 ::: Downloaded on - 09/02/2021 20:16:15 ::: ..33.. CriApeal.291.2003 thereof. The question as to whether a dying declaration is of impeccable character would depend upon several factors, viz. physical and mental condition of the deceased is one of them. If the deceased had been nurturing a grudge against her husband for a long time, she, while committing suicide, herself may try to implicate him so as to make his life miserable.
53. In the case in hand, there is some material brought before us which indicates that the accused - husband was made aware about the love relationship of the deceased and was assured that the same had been brought to an end. Either this could be the reason for the deceased having a grudge against him for agreeing to marry her or the company of PW2 and PW9 in the hospital may have led to the tutoring of the deceased. The defence has attempted to bring on record that the community to which the deceased belongs had conservative notions about inter-caste and love marriages. The deceased may have been brought under the said impression that the entire family would be put to shame if she states that she attempted suicide. It is also brought on record that she had three unmarried sisters.
54. It is quite apparent that adequate evidence to establish the theory of the love relationship, beyond any doubt, has not been Gajanan Punde/PA/d ::: Uploaded on - 15/12/2020 ::: Downloaded on - 09/02/2021 20:16:15 ::: ..34.. CriApeal.291.2003 brought on record by the defence. The learned Counsel for the accused fairly points out that though she has a document which is the written settlement for ending the love relationship, with her, she would not be referring to the same as the said document was not produced by the defence before the Trial Court. At the same time, the statements of the Investigating Officer in the cross-examination and the two panch witnesses PW5 and PW6 in their cross-examination, does create a picture that there is more to the love story than what meets the eye. On the basis of these factors, we find that there are two views possible in this case. The Hon'ble Apex Court has held in the case of Gagan Kanojia and another vs. State of Punjab, (2006) 13 SCC 516 that when two views are possible on the basis of the oral and documentary evidence, the view favouring the accused has to be adopted.
55. In view of the above, this appeal fails and the same is, therefore, dismissed.
56. We deem it appropriate to record our appreciation for the good efforts put in by the learned Prosecutor on behalf of the State and the learned Advocate on behalf of the accused.
(B. U. DEBADWAR) (RAVINDRA V. GHUGE)
JUDGE JUDGE
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