Here he repeated the exonerating dying declaration by saying It is true that she was also telling Police that her one end of saree fell on fire and she was burnt.
1 Vikas Vayse.
Accused Vikas told me that he poured water from the mud pot to extinguish the fire of Rekha.
The Court proceeded to state In spite of this hostility, the father has admitted that Executing Magistrate removed him outside room where Rekha was admitted when he recorded statement of deceased Rekha.
Rekha died on June 1, 2001.
Regarding fire, it was the case of the accused that on the day of incident, sari of Rekha caught fire by accident while she was working near a fire place and it was accused No.
This companycluding part of the cross examination clearly indicates that father is making exonerating statements in a calculated manner.
After the statement was recorded, the Doctor again certified the fitness of the patient and put his signature, date and time.
The father says When I was talking with Rekha, accused Vikas went to bring medicine.
But a false case was filed against them at the instigation of Smt.
She admitted it to be companyrect and put her thumb impression on it.
80 of 2001, investigation was carried out by PSI Kale.
1 also participated in the quarrel.
In order to establish offence against the accused, prosecution examined seven witnesses.
Accused Nos.
That was clearly false and it was proved from documentary evidence of the hospital.
On hearing the shouts, neighbours reached the place, opened the door, poured water on her, extinguished the fire and took her to the hospital.
After the marriage, Rekha went to her matrimonial home at Khandvi.
After registration of offence being Crime No.
According to the prosecution, the accused demanded dowry and there was some dispute even at the time of betrothal ceremony which was locally known as Sakharpuda.
Rekha companyld number satisfy the demand of the accused due to poverty of her parents.
Accused No.
1 who brought the injured to the hospital.
Again, PW 1, Laxman had stated on oath that it was accused No.
recorded the dying declaration of Rekha after taking opinion of the doctor that she was in a position and in a fit companydition to give statement.
This is evident from the next statement after this companyrection.
Ex.41, which is an intimation received by Topkhana Police Station on telephone from Civil Hospital, Ahmednagar, dated June 01, 2001 reads as under Rekha As she was injured due to burns, she was admitted by Bebi Shantilal Vaise on 16.05.2001 at 15/00 hrs.
one lakh.
2 was brother of Vikas and brother in law of deceased Rekha.
2 Prakash was serving at Pune, frequently he was companying to Khandvi and staying with other accused.
Being aggrieved by the order of companyviction and sentence, the appellants preferred an appeal in the High Court.
The recording of dying declaration was over at 11.52 a.m. The witness put his signature as Special Judicial Magistrate in margin along with the seal.
Both the companyrts, relying on the dying declarations, companyvicted the appellants.
They, therefore, repeated demand of dowry and companytinued giving more trouble to her.
The doctor expressed that opinion after putting certain questions to the patient and certified that she was in a position to give a statement.
Accordingly, order of companyviction and sentence recorded by the trial Court was held proper and the said order was companyfirmed by the High Court.
Thus, further deposition companyfirms recording of the statement of Rekha by the Magistrate.
For few months, the marriage relations went on well.
On companypletion of investigation, charge sheet was filed in the Court of Judicial Magistrate, First Class, Karjat and the case was companymitted to the Court of Session.
Meanwhile accused came to know that father of Rekha had sold his land for Rs.
Probably, father felt necessity of absence of Vikas to be of importance when he learnt about accused Vikas having tried to extinguish the victim and, therefore, he companyrected himself by saying that he learnt about the action of accused trying to extinguish Rekha, from Rekha, and for the purpose, he also claimed that Vikas had gone to fetch medicines.
Similarly, Manohar Sahebrao Vayse, PW 2, Panch witness to the Spot Panchnama Ex.
Bondre, maternal aunt of Rekha.
PW5 thereafter recorded the dying declaration of Rekha at 11 25 a.m. which was read over to her.
47 also did number support the case and he was also declared hostile.
Thereafter, he switched over to companyrect himself that this was told by Rekha and number by Vikas.
i.e. Rekha, who was admitted as a burn patient by Baby Shantilal Vayse on 16.05.2001 15.00 hours for treatment, has expired on 01.06.2001 at 545 hours.
Thereafter, however, all the accused started demanding money towards dowry.
He used to abuse deceased Rekha and instigate accused persons to give ill treatment to Rekha.
Defence of the accused was of total denial.
In both the dying declarations, i.e. dying declaration recorded by PW 5 Ramchandra, Special Judicial Magistrate and dying declaration recorded by PW 7 PSI Kale, Rekha clearly and unequivocally attributed burn injuries caused to her to the appellants herein.
Accused brought Rekha in the Civil Hospital, Ahmednagar.
Though accused No.
It was strenuously urged by the learned companynsel for the appellants before the High Court as well as before us that after the dying declaration was recorded, an endorsement was made by the Doctor and he put his signature by putting time as 11.55 p.m. It was, therefore, companytended that either the dying declaration was number recorded by PW 5 Ramchandra, Special Judicial Magistrate between 11.30 to 11.52 a.m. as asserted by him or the Doctor was number there when the dying declaration was recorded and his endorsement was number taken at 11.55 a.m., but it was subsequently placed before him for his signature at 11.55 p.m. In our opinion, however, the High Court was right in relying upon substantive evidence of PW 5 Ramchandra and in relying upon the dying declaration observing that the typist in putting the time at 11.55 p.m., had companymitted mistake, really it was 11.55 a.m. The High Court was also right in relying upon another dying declaration recorded by PW 7 PSI Kale.
So far as PW 1 Laxman Pingale, father of the victim is companycerned, he did number support the case of the prosecution and was declared hostile.
for treatment and white she was under treatment she expired on 01.06.2001 at 05.45 hrs.
She companyplained to her parents about ill treatment shown by the accused whenever she had visited to parental home.
The above decision is challenged in the present appeal.
Leave was granted on March 10, 2007, but the prayer for bail was rejected.
According to them, there was numberill treatment towards Rekha.
She was taken in a tractor and then in a jeep to Civil Hospital, Ahmednagar.
During the companyrse of investigation, the Investigating Officer on May 18, 2001, between 12.30 to 13.00 hrs.
According to PW 5 Ramchandra, the doctor was present by his side all throughout when he was recording the statement of Rekha.
They used to harass and beat Rekha.
1 who extinguished fire.
The marriage was solemnized in or about 1997 98 before 3 to 4 years of the incident in question.
All of them, according to the prosecution, poured kerosene on the person of Rekha accused Vikas ignited match stick and set Rekha on fire.
On the fateful day, i.e. on May 16, 2001, at about 11.00 a.m., accused No.1, husband of Rekha started quarrelling with the deceased.
Dying declarations were recorded by Ramchandra Ganpat Dimale, Special Judicial Magistrate as also by PSI Bapu Yashwant Kale on May 17 and 18, 2001 respectively.
1 who brought injured Rekha to the hospital.
Rekha also gave birth to two children i Varsha daughter, and ii Yogesh son.
The doctor certified that the patient was companyscious and fit to give statement.
The said dying declaration was exhibited as Ex.
The case of the prosecution was that deceased Rekha was given in marriage by PW 1 Laxmn Pingale to accused No.
K. Thakker, J. The present appeal is filed by the appellants accused against judgment and order passed by the High Court of Judicature at Bombay Aurangabad Bench on December 20, 2005 in Criminal Appeal No.
3 and 4, parents of accused No.
During the cross examination by defence, father claims that he reached Civil Hospital, Ahmednagar, on 16.05.2001 after telephonic message of Rekha having suffered burn injuries.
