Criminal Appeal No. 557 of 2014. Case: Anil Laxman Hichami Vs The State of Maharashtra. High Court of Bombay (India)
| Case Number | Criminal Appeal No. 557 of 2014 |
| Counsel | For Appellant: Mir Nagman Ali, Advocate and For Respondents: V.A. Thakare, Additional Public Prosecutor |
| Judges | B. P. Dharmadhikari and V. M. Deshpande, JJ. |
| Issue | Indian Penal Code 1860, (IPC) - Sections 302, 307 |
| Judgement Date | March 02, 2016 |
| Court | High Court of Bombay (India) |
Judgment:
V. M. Deshpande, J.
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By the present appeal, the appellant has challenged the judgment and order of conviction passed by the learned Sessions Judge, Gadchiroli, in S.C. No. 06 of 2012 dated 30.09.2013, by which he is convicted for the offence punishable under Section 302 of Indian Penal Code. Consequent to the conviction, the appellant is directed to suffer rigorous imprisonment for life and to pay a fine of Rs. 1000/-, in default to suffer further rigorous imprisonment for a period of one month.
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We have heard Advocate Mir Nagman Ali for the appellant and Shri V.A. Thakare, learned APP for the State. With their able assistance we have gone through in detail the record and proceedings and also the notes of evidence with a view to re-appreciate the entire prosecution case.
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According to learned counsel for the appellant, the prosecution has utterly failed to bring home the guilt of the appellant beyond reasonable doubt. He submits that though there are two written dying declarations and one oral dying declaration made to Banibai (P.W.3), none of these dying declarations are helpful to the prosecution for securing conviction of the appellant. He submits that there are inherent flaws in these dying declarations and, therefore, those cannot be made a basis for appellant's conviction. He, therefore, prays for acquittal of the appellant.
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Per contra, learned APP would submit that the case of the prosecution is fully proved by the two written dying declarations. He submits that the dying declaration (Ex.40) is recorded by the Executive Magistrate after getting satisfied with the mental fitness of the deceased and also it was noticed by him that he was in a condition to give statement. He further submits that the other written dying declaration fulfills the criteria as laid down by various Court to treat the statement as dying declaration. He submits that both these written dying declarations inspire confidence and, therefore, no fault can be found in the impugned judgment.
Learned APP submits that the oral dying declaration made to Banibai (P.W.3), wife of deceased, is most natural on the part of the deceased. He, therefore, submits that the appeal deserves to be dismissed.
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For appreciation of rival contentions, it would be useful to narrate the prosecution case, which is as under:
(i) Somnath Diwakar (P.W.11) was working as Police Station Officer at Ghot P.H.C. On 14.9.2011, which comes under the jurisdiction of Police Station Chamorshi. Baburao, the brother of deceased Bajirao, arrived at the police station and informed him that Bajirao is burnt. He, therefore, sent Bajirao to General Hospital Gadchiroli. P.W.11 Somnath Diwakar then went to village Darpanguda, where the incident had occurred, in search of the accused, as his name was disclosed to him by Baburao. However, the appellant was not found in the village...
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