Judgment D. D. SINHA, J. ( 1 ) HEARD Shri. Daga, learned Counsel for the appellant, and Shri. Jichkar, learned Additional Public Prosecutor for the respondent. ( 2 ) THE criminal appeal is directed against the judgment and order dated 24-01- 2001 passed by the Additional Sessions Judge in Sessions Case No. 126/1998 whereby appellant is convicted for the offence punishable under Section 302 of Indian Penal code and sentenced to suffer rigorous imprisonment for life and to pay a fine of rs. 500/-, in default of payment of fine, to undergo further rigorous imprisonment for two months. ( 3 ) THE case of the prosecution, in nutshell, is as follows: complainant P. W. 1 Ashok along with his wife deceased Lata and children at the relevant time was living at village Babhali. The appellant is also resident of the same village. On 23-07-1998 at about 2. 00 to 2. 30 p. m. deceased Lata went to Chandrabhaga river to wash the clothes. While she was washing clothes, appellant came there by holding an axe and he dealt blows with it on her head. Due to injuries inflicted by the appellant by means of an axe, Lata received severe bleeding injuries on her head and she fell down. P. W. 4 Yenubai, P. W. 5 Kuldeep and P. W. 6 Rajani were present on the bank of the river at the relevant time and had witnessed the incident of assault committed by the appellant by means of an axe on deceased Lata. ( 4 ) IMMEDIATELY after the incident of assault, P. W. 2 Sanjay Ingale came to know from the villagers about the incident and, therefore, he went to the house of complainant p. W. 1 Ashok, husband of deceased Lata and informed him about the incident. Complainant P. W. 1 Ashok along with P. W. 2 sanjay immediately went to river chandrabhaga and found his wife lying in the bed of river having bleeding injuries on her head. Deceased Lata informed her husband ashok that she was assaulted by the appellant. Lata was removed to Rural Hospital, daryapur. Medical Officer examined Lata and declared her dead. P. W. 1 Ashok gave a report about incident in Daryapur Police station. On the basis of report of complainant ashok, Crime No. 85/1989 came to be registered against the appellant. Deceased Lata informed her husband ashok that she was assaulted by the appellant. Lata was removed to Rural Hospital, daryapur. Medical Officer examined Lata and declared her dead. P. W. 1 Ashok gave a report about incident in Daryapur Police station. On the basis of report of complainant ashok, Crime No. 85/1989 came to be registered against the appellant. P. W. 9-P. S. I. Giri went to the Rural Hospital, Daryapur and conducted inquest on the dead body of Lata and thereafter forwarded the dead body of lata for post-mortem examination. On 24- 07-1998 the Investigating Officer in the presence of panch, drew the spot panchanama, collected soil soaked with the blood from the scene of occurrence. P. W. 8 dr. Kaulkhede conducted post-mortem examination on the dead body of deceased lata and opined that cause of death is haemorrhagic and neurogenic shock due to head injuries with fracture of skull bone and injury to vital organ like brain. The investigating Officer seized bundle of clothes of the deceased from Police Constable, baburao to whom the same were handed over by the Medical Officer after post-mortem examination. Statements of witnesses were recorded by the Investigating Officer. The appellant was arrested on 15-08-1998. While he was in the custody of Police in the presence of panchas, made a statement that he kept the axe in the bundle of dry tur stumps near the wall of the house of Narayan Wakde and had expressed his willingness to produce the same. Accordingly memorandum came to be prepared. Thereafter appellant led the panch witnesses and Police near the house of narayan Wakde and by taking out an axe from the bundle of tur stumps, produced the same before the Investigating Officer, which had blood stains on it. The axe came to be seized from the appellant. ( 5 ) ON 11-08-1998 the Investigating officer had sent a requisition to the Special judicial Magistrate, Amravati and requested him to record statements of eye-witnesses. On 24-09-1999 all the articles seized in the crime were sent to the Chemical Analyser for analysis. The Chemical Analyser's report reveals that clothes of deceased Lata were stained with human blood of B' group and it was detected that the axe was stained with human blood. The Medical Officer examined the weapon and opined that injuries described in column no. The Chemical Analyser's report reveals that clothes of deceased Lata were stained with human blood of B' group and it was detected that the axe was stained with human blood. The Medical Officer examined the weapon and opined that injuries described in column no. 17 of the post-mortem examination note could be caused with the said weapon. On completion of investigation, charge-sheet was submitted in the Court. Charge under Section 302 of Indian Penal code was framed against the appellant and also read over to him. The appellant denied the same and claimed to be tried. ( 6 ) SHRI. Daga, learned Counsel for the appellant, contended that in the instant case, evidence of P. W. 1 Ashok and P. W. 2 sanjay is of hearsay in nature and, therfore, same is inadmissible in law. It was contended that P. W. 2 Sanjay came to know from the villagers that the appellant dealt a blow with axe on the head of Lata and thereafter he went to the house of P. W. 1 Ashok and informed the incident. It was submitted that this fact has been accepted by P. W. 1 Ashok in his deposition and, therefore, testimonies of these witnesses in respect of incident of assault are completely hearsay and inadmissible in law. ( 7 ) LEARNED Counsel Shri. Daga contended that oral dying declaration alleged to have been given by deceased Lata to P. W. 1 ashok is also doubtful because looking to the injuries sustained by deceased Lata coupled with the fact that she was declared dead immediately after her admission in the hospital by the Doctor, it is improbable that she would give such oral dying declaration to P. W. 1 Ashok and, therefore, testimony of p. W. I Ashok in this regard is also doubtful. ( 8 ) IT was contended by the learned counsel for the appellant that so far as evidence of P. W. 5 Kuldeep is concerned, it is no doubt true that prosecution has examined this witness as an eye-witness to the incident. However, there are material omissions in the testimony of this witness in respect of his sta ement under Section 164 of criminal Procedure Code recorded by the special Judicial Magistrate, Amravati. However, there are material omissions in the testimony of this witness in respect of his sta ement under Section 164 of criminal Procedure Code recorded by the special Judicial Magistrate, Amravati. It was submitted that though this witness in his testimony has deposed before the Court that he had seen that the appellant came from the side of Janamay with an axe in his hand at the place where ladies were washing clothes and gave a blow with the axe on the head of deceased Lata, however, there is an omission in this regard in his statement under Section 164 of Criminal Procedure Code. Similarly he has deposed in his testimony before the court that Lata shouted 'oh mother'. However, there is an omission in this regard in his statement under Section 164 of criminal Procedure Code. It was, therefore, contended that these are all material omissions, which destroy evidence of P. W. 5 kuldeep as an eye-witness and it is doubtful that P. W. 5 Kuldeep really had seen the alleged incident of assault and, therefore, his testimony ought to have been discarded by the trial Court. ( 9 ) IT was further submitted by learned Counsel Shri. Daga that so far as evidence of P. W. 6 Rajani (another eyewitness) is concerned, she has stated before the Court that at the time of incident, she was washing clothes on the bank of river chandrabhaga. Deceased Lata also came there to wash clothes. At that time, one old lady was also washing clothes on the bank of river. It was contended by the learned counsel that there is an omission in regard to the presence of old lady in her Police statement, which is of material nature and creates doubt about authenticity of the ocular testimony of this witness. Similarly, there is an omission in the Police statement of this witness in regard to from which direction accused came on the scene of offence, which also is a material omission and, therefore, evidence of this witness ought to have been discarded by the trial Court. ( 10 ) LEARNED Counsel Shri. Daga further submitted that there are discrepancies in the evidence of P. W. 5 Kuldeep, P. W. 6 rajani and P. W. 8 Dr. Kaulkhede. ( 10 ) LEARNED Counsel Shri. Daga further submitted that there are discrepancies in the evidence of P. W. 5 Kuldeep, P. W. 6 rajani and P. W. 8 Dr. Kaulkhede. It was contended that as per testimonies of these witnesses, appellant had given only one blow by means of an axe on the head of deceased lata. However, as many as four incised wounds including fracture of scalp were found on the head of deceased Lata. Learned counsel Shri. Daga contended that because of above referred inconsistency, doubt is created about authenticity of the testimonies of eye-witnesses, namely, P. W. 5 Kuldeep and p. W. 6 Rajani. The appellant is, therefore, entitled for benefit of doubt. ( 11 ) SHRI. Jichkar, learned Additional public Prosecutor for the respondent, supported the finding of conviction recorded by the trial Court. It was contended that evidence of P. W. 1 Ashok proves the oral dying declaration given by deceased Lata wherein she has named the appellant as author of the injuries caused to her. It was submitted that evidence of P. W. 5 Kuldeep and P. W. 6 rajani is consistent with material particulars of the prosecution case and omissions in their testimonies are not material in nature particularly in view of the fact that Police statements of P. W. 5 Kuldeep and P. W. 6 rajani do not suffer from any such omission. It was submitted that evidence of eyewitnesses is corroborated by the medical evidence and, therefore, prosecution has succeeded in proving the charge against the appellant for the offence punishable under section 302 of Indian Penal Code beyond all reasonable doubts. ( 12 ) WE have given our anxious thought to the various contentions canvassed by the respective Counsel for the parties and in order to find out whether prosecution has succeeded in proving the case of murder against the appellant beyond reasonable doubt, we have scrutinized the evidence adduced by the prosecution. ( 13 ) IN the instant case, prosecution has examined in all nine witnesses to prove the charge of murder against the appellant, out of whom, P. W. 1 Ashok (husband of the deceased) is the complainant, who has lodged oral report (Exh. 24) and also proved the oral dying. declaration given by deceased Lata. P. W. 1 Ashok in his examination-in-chief has specifically stated that on 23-07-1998 at about 2. 24) and also proved the oral dying. declaration given by deceased Lata. P. W. 1 Ashok in his examination-in-chief has specifically stated that on 23-07-1998 at about 2. 30 p. m. Sanjay Ingale came to his house and told him that somebody had killed his wife Lata and that she was lying near the river. He has further stated that he immediately thereafter went to the river and saw Lata lying on the bank of the river with injuries on her head. This witness asked Lata as to what had happened. Lata stated that appellant had beaten her. This witness has further deposed in his examination-in-chief that he shifted lata to the Rural Hospital, Daryapur and within short time after the admission, Doctor declared Lata dead. Thereafter he went to the Police Station and lodged first information report (Exh. 24 ). The omissions in the Police statement of this witness brought on record in the cross-examination by the defence, in our considered view, are not material and do not affect ocular testimony of this witness so far as oral dying declaration of Lata is concerned. Similarly, neither testimony of this witness is of hearsay nature nor oral report (Exh. 24) is based on information received by this witness about the incident from Sanjay Ingale. On the other hand, perusal of the testimony of this witness shows that after oral dying declaration given by deceased Lata to this witness, he went to the police Station and lodged the oral report (Exh. 24) wherein he has specifically stated that deceased Lata told him that appellant assaulted her by means of an axe. The testimony of this witness, in our considered view, corroborates the oral report (Exh. 24) and merely because Lata was declared dead after admission in the Hospital, it is not possible to infer that on earlier occasion, she was not in a position to give dying declaration to P. W. I Ashok as contended by learned counsel Shri. Daga. The oral dying declaration, in our considered view, is quite natural and also truthful. ( 14 ) THE evidence of P. W. 5 Kuldeep demonstrates that on the day of incident, at the relevant time, he was taking bath in chandrabhaga river. At that time, some ladies, such as Bali Ingale, Shobha Mohod, kavita Mohod and Lata Ingale were washing clothes on the bank of river. ( 14 ) THE evidence of P. W. 5 Kuldeep demonstrates that on the day of incident, at the relevant time, he was taking bath in chandrabhaga river. At that time, some ladies, such as Bali Ingale, Shobha Mohod, kavita Mohod and Lata Ingale were washing clothes on the bank of river. The appellant came from the side of Janamay and had an axe in his hand. The appellant dealt a blow with the axe on the head of Lata. Lata cried 'oh mother' and fell down near the bank of the river. The appellant thereafter threatened this witness and fled away from the spot of incident. It is pertinent to note that the statement of this witness was recorded by the police within two days from the date of incident and so far as the said statement is concerned, testimony of this witness completely corroborates the same and there is no omission and contradiction muchless of material nature found in the said Police statement. ( 15 ) IT is not known as to why prosecution after lapse of considerable time, gave a requisition to the Special Judicial magistrate, Amravati to record statement of p. W. 5 Kuldeep under Section 164 of criminal Procedure Code. It is no doubt true that there are certain omissions brought on record in regard to the statement under section 164 of Criminal Procedure Code. However, in the instant case, the issue in this regard needs to be considered on the backdrop of the fact that evidence of this witness completely corroborates material particulars of the prosecution case stated by him in his police statement, which was recorded immediately after the incident in question by the Police and there is no omission or contradiction in this regard. Taking into consideration peculiar facts and circumstances of the present case, we are of the view that omissions, which are brought on record in the statement under Section 164 of Criminal Procedure Code are inadequate to adversely affect ocular testimony of this witness and, therefore, contentions canvassed by learned Counsel Shri. Daga in this regard are misconceived and devoid of substance. ( 16 ) OTHER eye-witness examined by the prosecution in the present case is P. W. 6 rajani. This witness in her examination-in- chief has stated that at the relevant time, she was washing clothes on the bank of chandrabhaga river. ( 16 ) OTHER eye-witness examined by the prosecution in the present case is P. W. 6 rajani. This witness in her examination-in- chief has stated that at the relevant time, she was washing clothes on the bank of chandrabhaga river. In the meanwhile, deceased Lata came to the river and also started washing clothes. This witness has also stated that P. W. 5 Kuldeep was present near the spot of occurrence and was taking bath in the river. It has come in the examination-in- chief of this witness that appellant came on the spot from the side of Janamay and had an axe in his hand. The appellant thereafter dealt a blow with an axe on the head of Lata. On going through the cross-examination of this witness, we find that no material contradictions and omissions are brought on record in her Police statement by the defence and omissions, which are brought on record are not of material nature. The close scrutiny of evidence of this witness shows that she is a most natural witness whose presence at the scene of offence was also natural. The testimony of this witness also corroborates material particulars of the prosecution case disclosed by P. W. 5 Kuldeep in his testimony as well as dying declaration given by deceased Lata to P. W. 1 Ashok. ( 17 ) IN the instant case, P. W. 8 Dr. Vinod Kaulkhede has conducted post-mortem examination on the dead body of Lata and found following injuries: i) incised wound over the left parietal occipital region of the scalp of the size of 5 cm. x cm. x bone deep oblique in direction elliptical in shape, margins are clear cut and inverted. The wound is deeper at the left and tails of at the right end. Brain matter protrude out of wound. ii) incised wound flap type over the right parietal region of the scalp of the size of 5 cm. x cm. x bone deep oblique in direction and curved in shape, margins are clear cut. iii) incised wound over the right maxillary prominence of the size of 3cm x cm. x superficial eleptical in shape, oblique in direction and tailing upward. iv) incised wound over the right index finger at the tip laterally from nail bed to the pulp of the size of 3 cm. x cm. x cm. margins are clear cut. iii) incised wound over the right maxillary prominence of the size of 3cm x cm. x superficial eleptical in shape, oblique in direction and tailing upward. iv) incised wound over the right index finger at the tip laterally from nail bed to the pulp of the size of 3 cm. x cm. x cm. margins are clear cut. Fracture of the skull bone present at the occipital region. All the above mentioned injuries are ante mortem injuries. On internal examination, P. W. 8 Dr. Kaulkhede found the following injuries: i) sub periostial haematoma of the size of 1" x 1" present over the occipital region of the scalp. ii) skull - fracture of the occipital and biparietal bones of the size of 21 cm. long which extends from external occipital protrubarance to the lambroid suture obliquely upward, then turning to coronial place horizontally at the lambroid suture. iii) brain - badly lacerated with meningial tear, brain matter protruding out of the fractured bone of the skull. iv) heart - both the chambers were empty. P. W. 8 Dr. Kaulkhede opined that cause of death of Lata was hemorrhagic and neurogenic shock due to head injury with fracture of the skull bone and injury to vital organ like brain. The injury no. 1 described in column no. 17 of the post-mortem examination notes was sufficient to cause her death. Doctor has also opined that injuries mentioned in post mortem notes could be caused by Article 1, i. e. axe. The medical evidence, in our considered view, completely corroborates the material particulars of the prosecution case disclosed by the eye-witnesses, namely, P. W. 5 Kuldeep and P. W. 6 Rajani as well as dying declaration given by deceased Lata. ( 18 ) INSOFAR as contention of learned counsel Shri. Daga that there is inconsistency in the ocular testimonies of eye-witnesses and medical evidence is concerned, the same, in our considered view, is misconceived. The evidence of P. W. 5 Kuldeep and P. W. 6 Rajani is recorded in Marathi and English language and when there is a dispute or discrepancy in respect of some word or sentence in the evidence, which is recorded in English language, then the Court is required to look into evidence, which is recorded in Marathi language and on the basis thereof, is required to consider these issues. In the instant case, it is no doubt true that evidence of P. W. 5 kuldeep and P. W. 6 Rajani recorded in English shows that appellant dealt a blow with an axe on the head of deceased Lata. However, the evidence of these witnesses recorded in marathi reveals that appellant caused injury on the head of deceased Lata by means of an axe and, therefore, it is not possible for us to agree with the contention canvassed by learned counsel Shri. Daga in this regard. On the other hand, it is not the case of either P. W. 5 Kuldeep or P. W. 6 Rajani that appellant gave only one blow by axe on the head of deceased Lata. The testimonies of these two witnesses, in our considered view, cannot be said to be inconsistent with the medical evidence. On the other hand, medical evidence corroborates testimonies of these witnesses since injuries found on deceased Lata were on her head. ( 19 ) FOR the reasons stated hereinabove, we are of the view that in the instant case, prosecution has succeeded in proving charge of murder against the appellant beyond all reasonable doubts. The appeal suffers from lack of merit and hence, the same is dismissed. Appeal dismissed.