JAMSING HULYA BARELA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant (ac-cused) aggrieved by the judgment and or-der of conviction and sentence, passed by the learned ad-hoc Additional Sessions Judge, Amalner, District Jalgaon, in Ses-sions Case No.25 of 2006, dated 25.7.2007 has preferred the present appeal. By the impugned judgment, the appellant was con-victed for the offence punishable under sec-tion 302 of Indian Penal Code ("IPC") and sentenced to suffer imprisonment for life and fine of lis.5000/- in default of payment of fine, to suffer rigorous imprisonment for six month.

(2.) The prosecution case, in brief, is as under:

(3.) To.bring home the guilt, prosecution examined in all fourteen witnesses. PW 1 is Raghunath Bhavrao Patil (Exhibit 12)-a panch witness of the spot panchanama. PW 2 is Pravin Vedu Patil (Exhibit 14)-a panch of-rccovery of clothes. PW 3 is com-plainant Bhagwan Bhavrao Patil (Exhibit 17). PW 4 is Deepak Lalchand Patil (Exhibit 19), a panch witness of the spot panchanama. PW 5 is Bhaidas Nana Barela (Exhibit 20), a son of deceased and witness of inquest panchanama. PW 6 is PSI Mushtaq Ahmad (Exhibit 2.3), .who regis-tered a crime against the accused. PW 7 is Police Constable SatyawanBhaurao Pawar (Exhibit 24), who carried the seized articles to the Chemical Analyzer. PW 8 is Swati Shankar Patil (Exhibit 25), niece of PW 3 . Bhagwan. PW9.is Dr. Ramchandra Savkare (Exhibit 26); who performed autopsy on the dead body of Khetalibai. PW 10 is Shrawan Nago Patil (Exhibit 30)-a panch witness, who. was declared hostile and cross exam-ined by the prosecution. PW 11 is Digambar Patil (Exhibit 31), an Advocate, who can talk Pawari language and translate the same. PW 12 is Rekhabai Jamsing Barela (Exhibit 532)-wife of accused, who also turned hostile and was cross-examined by the prosecu-tion. PW 13 is Shivdas Nagralc (Exhibit 33), Assistant Police Inspector, who investigated the crime. PW 14 is Police Inspector Dayaram Bhoite (Exhibit 37), who also in-vestigated the crime.