YUNUSSHAH YAKUBSHAH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Shri Daga, learned counsel for the appellant/ accused and Shri Badar, learned Additional Public Prosecutor for the Complainant/state.

(2.) THE Criminal Appeal is directed against the judgment and order dated 1-7-1994 passed by the Additional Sessions Judge, Khamgaon, in Sessions case No. 52 of 1993, whereby the appellant / accused is convicted for the offence punishable under Section 302 of the Indian Penal Code and is sentenced to suffer Life Imprisonment and fine of Rs. 500/- in default six months Rigorous Imprisonment.

(3.) BABBUSHAH went to the Police Station and lodged a report on the same day at about10. 00 P. M. The Police Sub-Inspector, Sudhir Deshmukh, reached on the spot along with police party and found that the people of the locality had already nabbed the accused on the spot and, therefore, he immediately took the accused in custody. The iron rod which was with Rahebarkha was also seized from him. Sudhir Deshmukh, P. S. I. recorded statement of various residents of the locality including the daughters and son of the deceased Idabi. After completing the investigation, charge sheet was sent to the Court of the Judicial Magistrate, First Class, Shegaon. Matter was committed to the Sessions Court. The formal charge was framed against the accused to which the accused pleaded not guilty.