CHANDRAKANT DIGAMBAR TANKSALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal arises from the order of conviction and sentence passed on 28th March, 1991 by the learned 2nd Additional Sessions Judge at Solapur, in Sessions Case No. 154 of 1989 and by the said order the appellant - Accused has been convicted for the offence punishable under Section 302 of the Indian Penal Cod and sentenced to suffer life imprisonment. On filing this appeal he was released on bail on 3rd June, 1991 on the same terms as before the trial Court. By our order dated 25th March, 2010 we had cancelled the bail granted to the appellant as he did not cause his appearance through an advocate and therefore as of now he continues to be in jail. We, therefore, appointed Smt. Smita Kadu, Advocate to argue this appeal.

(2.) Digamber Nagnath Tanksale and Ramchandra Nagnath Tanksale are two of the six sons of Nagnath Tanksale. The family of Digamber stayed in Sangvi-2 and that of Ramchandra stayed in SangviI.

(3.) PW9 Mohan Ithape, P. S. I., had already drawn Inquest Panchanama, Exh.10 and spot panchanama Exh.8 on 12th April, 1988 itself. He had recorded the statement of some people. On the arrest of the accused his clothes were seized under panchnama at Exh.24. When the dead body of Mohan was handed over to PW6 for the last rites, the clothes from his person were also seized under panchanama at Exh.11. PW9 continued with the investigation till 22nd May, 1988 and from 23rd May, 1988 the investigation was taken over by PSI Mali. He submitted the charge sheet on 7th July, 1988 and C.A. Report was received at Exh.41 and 42. As per the C.A. Report at Exh.41 the blood group of the deceased was detected to be "A" and that of the accused was "O". The accused was released on bail on 12th July, 1988 by the Sessions Court.