PARASHRAM VISHNU SIDDHA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH this appeal, the appellants challenge the judgment and order dated 29-1-1997 passed by the IIIrd Additional Sessions Judge, Kolhapur in Sessions Case No. 100 of 1996 whereby they have been convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 1000/- each, in default to undergo three months R. I. for the offence punishable under section 302 r/w 34 I. P. C. It is pertinent to mention that along with the appellants was tried co-accused Sou. Akkatai Parasharam Siddha but, she has been acquitted vide the impugned judgment and the State of Maharashtra has not challenged her acquittal by preferring an appeal under section 378 (1) Cri. P. C.

(2.) IN short, the prosecution case runs as under :---

(3.) THE evidence of PHC Maruti Shevale P. W. 18 shows that on 16-5-1995 he was deputed on duty at CPR Police Chowky from 8 a. m. to 11 p. m. and at about 11. 50 a. m. the Medical Officer of CPR Hospital, Kolhapur informed in writing about the corpse of Dhanaji being brought to the hospital. Consequently, same day, he recorded the FIR of Bhagubai Siddha P. W. 1 (Evidence of Bhagubai shows that the FIR was recorded at 2 p. m.)The evidence of ASI Maruti Koli P. W. 12 shows that at 7. 15 p. m. same day he received the FIR of Bhagubai and registered on its basis C. R. No. 29 of 1995 under section 302 r/w 34 IPC.