Ganesh Shivaji Gangurde v. State of Maharashtra
Case brief
What is this about?
Dying declaration reliability; Naib Tahsildar-recorded dying declaration without medical endorsement; API-recorded dying declaration treated as FIR; oral dying declaration to neighbour discarded for unnatural conduct; Section 106 Evidence Act burden of explanation on accused; Nagendra Sah v State of Bihar (2021) 10 SCC 725 quoted on Section 106; kerosene burning death of wife by husband; Section 302 IPC conviction upheld; Section 307 IPC FIR upgraded after victim's death; Sessions Case No.26/2015 Niphad Nashik; Bombay High Court Criminal Appeal No.238 of 2022 dismissed; life imprisonment and Rs.5,000 fine maintained; septicemia due to 45% burns.
What did the court decide?
None; the Appeal having been dismissed, the conviction and sentence imposed by the Additional Sessions Judge, Niphad (life imprisonment with fine of Rs.5,000/-) stand.