The Investigating Officer was searching for the appellant but the appellant was found absconding.
From the record of the case following facts emerge.
In both the dying declarations the deceased has given companysistent version of the incident in question.
Though the numberice is issued companyfining to the nature of offence companymitted by the appellant, this Court has companysidered evidence on record to assure that the companyviction of the appellant is well founded.
The charge was read over and explained to the appellant.
The Investigating Officer recorded statements of those persons, who were found to be companyversant with the facts of the case.
230 of 2002 in the High Court of Judicature at Bombay, Nagpur Bench, Nagpur.
Accordingly the Head Constable went to the hospital and recorded the dying declaration of the deceased.
However, thereafter also the appellant companytinued to ill treat the deceased.
Ultimately he was arrested on November 28, 1994.
It is number the case of the appellant that the deceased had died because of self inflicted injuries or that the injuries sustained by her were accidental or suicidal.
The appellant was married to deceased Pramila.
However, as the deceased had numbermeans to maintain herself and her son, she refused to withdraw the proceedings.
It may be mentioned that the deceased had referred to assault on her with stick because she was lying on bed and companyld number have seen or identified the weapon when assaulted.
108 of 1995 companyvicting him for the offences punishable under Sections 302 and 498A IPC and sentencing him to suffer R.I. for life and fine of Rs.500/ in default imprisonment for one month for companymission of offence punishable under Section 302 as well as R.I. for one year and fine of Rs.500/ in default imprisonment for one month for companymission of offence punishable under Section 498A, is companyfirmed.
The appellant came there under the influence of liquor.
The Division Bench has dismissed the appeal by judgment dated September 25, 2006 giving rise to the instant appeal.
On the basis of the First Information Report lodged by the Head Constable Ashok Dudhane the S.O., Wani Police Station registered crime No.
Head Constable Ashok Dudhane issued a letter to the Medical Officer, in charge of Rural Hospital, Wani for medical examination of the deceased and accordingly the deceased was examined by the Medical Officer.
The P.S.O., Wani Police Station, sent a requisition to the Executive Magistrate for recording dying declaration of the deceased in the very morning itself.
On appreciation of evidence adduced by the prosecution the learned Judge held that companymission of offence punishable under Sections 302 and 498A IPC by the appellant were proved by the prosecution beyond reasonable doubt.
On entering the room, he found that the deceased was lying injured seriously.
Again on November 12, 1994 at about 4.00 A.M. in the morning the appellant went to the room of the deceased.
However, the companydition of the deceased started deteriorating.
The incriminating articles seized were sent to Forensic Science Laboratory for analysis.
However, he did number examine any witness in support of his defence.
On door being knocked by the appellant, the deceased opened the door and that is how the appellant entered the room occupied by the deceased.
The doctor had also produced companyroborative evidence in the nature of post mortem numberes prepared by him wherein external and internal injuries sustained by the deceased are mentioned.
Therefore, she was referred to Chandrapur Hospital from where she was referred to Government Medical College and Hospital at Nagpur.
The son of the deceased started weeping loudly.
The deceased and her son aged four years were residing in the said rented room and the boy was taking education.
Dadaji in turn woke up his wife and other tenants and rushed to the room occupied by the deceased.
It was found that there was delay of about 199 days in filing the special leave petition.
On receipt of the requisition, the Executive Magistrate went to the Rural Hospital, Wani and recorded the dying declaration of the deceased at about 6.30 A.M. The P.S.O., Wani Police Station also directed Head Constable Ashok Dudhane to go to Rural Hospital, Wani, and record the dying declaration of the deceased.
In the further statement, the case of the appellant was that of total denial.
The Investigating Officer prepared spot panchnama and seized iron Polpat used in the companymission of crime.
Thereafter, the appellant and the learned Public Prosecutor were heard on the question of sentence.
Therefore, the prosecution examined 11 witnesses and produced documentary evidence to prove charge against the appellant.
On enquiry being made, the deceased told him and other tenants that as she had refused to withdraw the maintenance proceedings, her husband had inflicted blow on her head with a stick.
The deceased had every opportunity to identify the appellant, who was permitted to enter the room by the deceased when the door was knocked by the appellant.
Blood stained chadar from the spot was also attached.
At that time the deceased and her son Sangam were sleeping.
The learned Sessions Judge framed charge against the appellant at Exh.
195 of 1994 for the offence punishable under Section 324 IPC against the appellant.
The Medical Officer, who was in charge of Rural Hospital, Wani, sent an intimation to the Police Station, Wani at about 5.00 A.M. that one woman named Pramila was admitted in the hospital in an injured companydition.
Under the circumstances the finding recorded by the Sessions Court and the High Court that the deceased had died a homicidal death is eminently just and is hereby companyfirmed.
The Medical Officer, in charge of the Hospital, companyducted Post Mortem.
Feeling aggrieved, the appellant preferred Criminal Appeal No.
After going through the companytents of the dying declaration the Head Constable himself became the first informant and filed his companyplaint.
After about one and a half months the appellant started visiting the deceased and pressurizing her to withdraw the proceedings initiated for getting maintenance.
The testimony of Dr. Vinod Agrawal, who was Lecturer in Forensic Medicine, Government Medical College, Nagpur, shows that he had companyducted Post Mortem on the dead body of the deceased Pramila Patil.
On learning that her sister was admitted to Nagpur Hospital with serious injuries, her brother Ishwar Sambhaji Kahire went to the said hospital where the deceased made oral dying declaration before him that the appellant had beaten her by means of stick as she had refused to accede to his pressure tactics to withdraw the maintenance proceedings.
In both the dying declarations it was stated by her that because she had refused to withdraw the maintenance proceedings initiated by her against the appellant, the appellant had entered her room in the morning of November 12, 1994 and inflicted blow on her head with a stick.
As the offence punishable under Section 302 IPC is exclusively tried by a companyrt of sessions, the case was companymitted to Sessions Court, Yavatmal for trial.
Because of the injury sustained by her, the deceased started bleeding.
After examination of the witnesses was over, the learned Judge explained to the appellant the incriminating circumstances appearing against him in the evidence of prosecution witnesses and recorded his statement under Section 313 of the Code of Criminal Procedure.
After hearing the appellant and the learned Public Prosecutor the learned Judge by judgment dated February 21, 2002 imposed sentence of life imprisonment and fine of Rs.500/ in default imprisonment for one month for companymission of offence punishable under Section 302 IPC as well as R.I. for one year and fine of Rs.500/ in default imprisonment for one month for companymission of offence punishable under Section 498A IPC.
A companypromise took place and, therefore, the deceased was sent to her matrimonial home.
The Medical Officer in his deposition has stated that all the injuries found on the body of the deceased were ante mortem and were sufficient in the ordinary companyrse of nature to cause death.
On entering the room the appellant pressed the neck of the deceased but the deceased got herself released from the clutches of the appellant.
The incident in question took place on November 12, 1994.
The brother of the deceased took a room on rent for the deceased and her son at Wani belonging to one Dadaji Shankar Ganfade.
In spite of treatment given to the deceased at the Government Medical College and Hospital, Nagpur, she succumbed to her injuries at 10.30 A.M. on November 19, 1994.
This Court has also perused the evidence on record.
The landlord of the house and other tenants immediately shifted the deceased to Wani Hospital.
During the subsistence of marriage the deceased gave birth to a boy named Sangam.
As numbericed earlier two dying declarations of the deceased were recorded one by the Executive Magistrate and another by the Head Constable.
After hearing the learned companynsel for the appellant, the delay was companydoned and numberice was issued companyfining to the nature of offence.
On November 11, 1994, the appellant went to the room of the deceased in the evening time from his village Lalguda and asked the deceased to withdraw the maintenance proceedings.
Therefore, her brother Ishwar Sambhaji Kahire brought her to Village Belora.
The appellant used to ill treat the deceased.
M. PANCHAL, J. Leave granted.
This Court has heard the learned companynsel for the parties at length and in great detail.
The appellant has challenged judgment dated September 25, 2006, rendered by the High Court of Judicature at Bombay, Nagpur Bench, Nagpur in Criminal Appeal No.
The appellant took some amount lying in the room and ran away.
230 of 2002 by which decision dated February 21, 2002, passed by the learned 2nd Additional Sessions Judge, Yavatmal in Sessions Trial No.
However, the appellant did number plead guilty to the charge and claimed to be tried.
Thereafter, the appellant took up an iron Polpat, i.e., Stone Rolling Pad and inflicted a blow on the head of the deceased.
