Bombay High Court
Avinash Ramkisan Rajure vs The State Of Maharashtra on 14 August, 2024
Author: R.G.Avachat
Bench: R.G.Avachat
7-crappln1873.2023.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAYz
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.1873 OF 2023
IN
CRIMINAL APPEAL NO.439 OF 2023
Avinash Ramkisan Rajure ..Applicant
Vs.
The State of Maharashtra ..Respondent
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Mr.A.M.Gaikwad, Advocate for applicant
Mr.G.A.Kulkarni, APP for respondent
----
CORAM : R.G.AVACHAT AND
NEERAJ P. DHOTE, JJ.
DATE : AUGUST 14, 2024
ORDER :
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This is an application for suspension of sentence imposed
against the applicant/appellant vide judgment and order dated
10.03.2023, passed by learned Sessions Judge, Beed, in Sessions Case
No.41 of 2021, convicting the applicant/appellant for the offences
punishable under Sections 302 and 201 of Indian Penal Code and
sentencing him to suffer life imprisonment and R.I. for one,
respectively, with default stipulation.
2. The case of prosecution, in brief, is that the deceased
(victim), who was married with some other person, was in live-in
relationship with the applicant. On 13.11.2020, the applicant and the
victim travelled together on motorcycle. Fuel was filled in the
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motorcycle at one petrol pump. Thereafter, while on way to their
village, they slept in an agricultural field since it was night. In the
night, the applicant throttled and set on fire the victim and fled away.
In the morning on the next day, one witness saw the victim seeking
help. The matter was informed to the police. The victim was
admitted to hospital. The crime was registered. The applicant was
charge-sheeted.
3. Learned counsel for the applicant submits that though
the case is based on oral and written dying declarations, the medical
papers show that the condition of the (victim) deceased was not
such that she was able to give statement. He submits that except
this, there is no evidence against the applicant/appellant. He,
therefore, prays for allowing he application.
4. The application is opposed by learned APP. He submits
that there are two oral and one written dying declarations. He
submits that the witnesses to whom the oral dying declarations were
made are independent persons. He submits that there is medical
history of burning and the concerned Doctor had certified about
fitness of the deceased to give statement. He, therefore, prays for
rejection of the application.
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5. We have perused the evidence on record. Admittedly,
there are two oral dying declarations of the deceased to independent
persons, wherein, she stated against the applicant that he throttled
and set her on fire. To add to this, there is written dying declaration
recorded by the police in the hospital where the deceased was
admitted. The written dying declaration corroborate the case of the
prosecution that the applicant throttled and set on fire the deceased.
The written dying declaration shows that it was certified by the
concerned Doctor about fitness of the deceased to give statement.
There is evidence of an employee of the petrol pump, whereat the
applicant filled in petrol in the motorcycle, who deposed that the
applicant and deceased were seen at the petrol pump in the
afternoon on 13.11.2020. There is nothing to show that the
applicant had parted ways from the deceased.
6. In view of the above evidence on record, in our
considered opinion, this is not a fit case to suspend the sentence.
The application is, thus, rejected.
[NEERAJ P. DHOTE, J.] [R.G. AVACHAT, J.]
KBP
