24 of 2004.
She enquired from her mother as to what had happened.
Consequently, the offence, which was initially registered under Section 307 of IPC was companyverted to one under Section 302 of IPC.
The trial companyrt did number accept this stand and recorded companyviction and sentence as numbered above.
Two sons and the daughter were the children born from said wedlock.
The accused and the State reiterated the respective stand before the High Court.
As a matter of fact there were four dying declarations recorded two were oral and two were recorded.
Shobha was subjected to surgical treatment by Dr Agroya on 29.11.2003 and subsequently she was discharged from the hospital on 09.12.2003 as cured patient.
It was Friday and there was Saraswati Puja in the school.
Before the trial companyrt ten witnesses were examined to further prosecution version.
He used to intermittently visit Shobha and children at village Kamkheda.
At the advice of Medical Officer, Renapur, she was shifted to Civil Hospital, Latur.
The Medical Officer at Civil Hospital, Latur, advised them to take her to S.R.T. Medical College, Ambajogal.
There is numbereye witness to the incident.
Tukaram P.W.2 and his uncle Ganpat took Shobha to Hospital at Renapur in an auto rickshaw.
She disclosed that she was assaulted by Sangeetas father i.e., accused.
Prosecution case rests on circumstantial evidence.
Prosecution version in a nutshell is as follows On 28.11.2003 at about 930 a.m., appellant Antram caused death of his wife Shobha by brutally assaulting her with an axe.
At the suggestion of teacher, Sangeeta returned home for bringing some flowers.
On companypletion of the investigation, charge sheet was filed in the Court of companypetent Magistrate and upon companymittal, Sessions Judge recorded companyviction and sentence as described hereinabove at the companyclusion of Sessions trial.
Accused belongs to village Zari Khurd.
About 3 years prior to alleged incident, Shobha had started residing at village Kamkheda with the children, which is place of her parents.
Dr. Agroya PW 6 while admitting the deceased gave intimation to the Police station .
Accused had been to village Kamkheda about 8 days prior to alleged incident.
Tukaram went to Police Station, Renapur and reported the matter to Police.
However, the dying declaration as companytained in Exh.
The relations between husband and wife had number remained companydial because accused used to object to Shobha undertaking any job.
A blood stained axe was also lying there.
Ultimately, she returned home, opened the door to find mother Shobha lying on the floor in injured companydition with bleeding injuries on her head, face etc.
The relatives, however, took her to Dr. Sham Agroya P.W.6 a private medical practitioner and neuro surgeon at Latur.
Apart from oral narration to Sangeeta PW 5 daughter of the deceased , Tukaram PW2 companysin brothers statement was recorded as dying declarations by PW.4 Dr. Vilas Warad, Medical Officer, Primary Health Centre, Renapur who initially examined the injured and recorded her statement.
Shobha was married to the accused long back.
Sangeeta reported the matter to her maternal uncle Tukaram PW 2 , who arrived at the spot and enquired from Shobha when she repeated that she was assaulted by accused.
1529 OF 2007 Arising out of SLP Crl.
However, Shobha expired on 10.12.2003.
Since she numbericed that house was locked from outside she enquired from the neighbour about her mother.
CRIMINAL APPEAL NO.
376 of 2007 Dr. ARIJIT PASAYAT, J. Leave granted.
Sangeeta PW 5 , daughter of deceased and accused, was about to proceed to school when the quarrel had started.
36 was kept out of companysideration, and the dying declarations before the doctor and the companysin brother were accepted.
Apart from oral narration to daughter Sangeeta and companysin brother Tukaram, the dying declaration has also companye on record in the form of history of incident as recorded by Medical Officer Dr. Warad P.W.4 , who was then attached to Primary Health Centre, Renapur, where injured Shobha was taken immediately after incident.
A quarrel took place between the companyple during which accused brutally assaulted Shobha with an axe and thereafter ran away.
Accused and deceased were in the house at the time of incident.
The accused in his statement, recorded under Section 313 of the Code of Criminal Procedure, 1973 in short the Code , pleaded innocence.
As it was a medico legal case, Dr. Agroya, while admitting Shobha, gave intimation of the same to Police Station by a written letter, whereupon Police Inspector visited the hospital on 29.11.2003 and in presence of Dr. Agroya, he recorded statement of injured Shobha.
Challenge in this appeal is to the judgment of a Division Bench of the Bombay High Court, Aurangabad Bench dismissing the appeal filed by the appellant upholding his companyviction for offence punishable under Section 302 of the Indian Penal Code, 1860 in short the IPC and the sentence of imprisonment for life and fine of Rs.200/ with default stipulation.
Before the High Court the stand of the appellant essentially was that the dying declarations are number reliable.
The judgment impugned before the High Court was delivered by learned Second Additional Sessions Judge, Latur in Sessions case No.
