VIJAY RAMKRUSHNA GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The challenge in this appeal is to the conviction and sentence inflicted upon the appellant (original accused no.1) by judgment and order dated 17.6.2008, rendered by the Additional Sessions Judge-3, Dhule in Sessions Case No. 27 of 2008, convicting the appellant for the offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay fine of Rs.20,000/- with default condition for nonpayment of fine to suffer further R.I. for four months.

(2.) The factual matrix of the prosecution case, which can be unfolded is as under :-

(3.) It is also the case of the prosecution that PW11 Ashok Mahire was attached to Azadnagar police station as Police Sub- Inspector at the relevant time and further investigation of C.R. No. 178 of 2007 was handed over to him on 8.9.2007 and he received the first information report Exh. 43 and other papers accordingly. The appellant herein was already brought by some persons to the police station, and therefore, PW11 PSI Mahire referred him to the Civil Hospital, since he also had sustained injuries to the fingers of his right hand, as well as appellant herein was arrested under panchanama Exh. 40 and his clothes were seized under panchanama Exh. 37. Police Constable Sonwane produced knife in sealed envelope, which was handed over to him by the Medical Officer and same also was seized under panchanama Exh. 41.