UMESH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Umesh, the accused in Sessions Case No. 15 of 1998 on the file of the Sessions Judge, Amravati, is the appellant before us. The appellant was charged under Section 302 of the Indian Penal Code (for short IPC) for committing the murder of Dilip Ganpatrao Shirbhate on 26.11.1997.

(2.) The broad facts giving rise to this appeal may be set out briefly. The prosecution case is that on 26.11.1997 in the midnight Vasant Shankarrao Bijwe, resident of Vivekanand Colony, Warud, lodged a report (Ext. 32) at Warud Police Station, Sub-division Morshi, District Amravati, alleging that when he was sleeping in his house, one Anil Ramrao Gulhane, resident of Warud, came there and told him that Dilip Ganpatrao Shirbhate resident of Warud was found lying in injured condition near the shop of Patel situated near Bombay Lodge. Vasant Shankarrao Bijwe immediately went to the spot of occurrence and found Dilip Ganpatrao Shirbhate, his brother-in-law (wifes brother) lying dead. He noticed injury on the chest of Dilip-the deceased. The clothes of the deceased were smeared with blood. Vasant Shankarrao Bijwe-informant along with one Baba alias Purushottam Marotrao Ingle went to the Police Station to lodge the report. Head Constable B. No. 25 of Police Station Warud, Sub-division Morshi, District Amravati recorded First Information Report at 23:30 hrs. on 26.11.1997 against an unknown person under Section 302 of the IPC.

(3.) The Investigating Officer API Ashok PW-7 conducted the investigation of the crime. PW-7 had inspected the spot and prepared Panchnama. He sent the dead-body for autopsy. Statements of several witnesses were recorded at the spot. The appellant was arrested on 27.11.1997. During the interrogation of the appellant, he made statement under Section 27 of the Evidence Act in the presence of Keshav (PW-4) and Suresh (PW-5) about the concealment of knife in his house, which allegedly was used in the commission of the offence. On the basis of the said statement, knife was recovered. The appellant made another statement (Ext. 47) under Section 27 of the Evidence Act in the presence of Amiruddin (PW-3), on the basis of which blood stained clothes worn by him at the time of the incident were seized from the house of the appellant. The seized articles were sent for chemical analysis.