SAVITA JYOTIBA DEMBALKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Appeal is directed against the Judgment and order dated 20/03/2003 passed in the Sessions Case No.56 of 2001 by the learned II Additional Sessions Judge, Baramati, District Pune whereby the Appellant was found guilty of the offence punishable under section 302 of the Indian penal code and sentenced to suffer R .I. imprisonment for life and to pay fine in the sum of Rs.500/-.

(2.) Brief Facts, which led to the prosecution of the Appellant are:-

(3.) Muddemal articles were referred to the C.A. with letter dated 1-2-2001. C.A reports were received as per Exh. 46 indicating that the sickle, dry sweet neem leaves with sticks wrapped in paper, small towel, yellow metal pendent(Dorle), sample of earth, clothes of the deceased, seized from the scene of offence were found stained with human blood. Blood group 'A' was detected on the clothes of the deceased Shalan Bhujbal and on pyjama(Art. 7) of the appellant- accused and upon Sickle seized from the scene of offence while presence of human blood stains were detected on the iron strip weapon of offence discovered and seized at the instance of the appellant. Although result as to the exact blood group found on the weapon of offence was inconclusive according to chemical analyser.