ARUN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By present appeal, appellant/accused has thrown a challenge to this judgment and order dated 3-3-2004 convicting him for commission of offence of murder of his brother Subhash Hatwar and sentencing to suffer imprisonment for life and pay a fine of Rs. 1,000/- (Rs. One Thousand only) and in default to undergo simple imprisonment for six months passed by learned 3rd Additional Ad hoc Sessions Judge, Nagpur in Sessions Trial No. 7/2000 of the said Court. However, co-accused No. 2 - wife of appellant was acquitted of charge of commission of said murder.

(2.) The said session case had arisen out of the charge-sheet submitted by Lakadganj Police Station on 11-10-1999 against the appellant and his wife for commission of said murder in furtherance of their common intention as a result of investigation of FIR No. 256/1999 registered with the said police station upon report Exh.35 of wife of deceased PW 1 Anita Hatwar recorded by PW 5 PSI Tatayarao Shinde at the spot of incident at which he had been after receipt of information on phone from one Anil Dhawade of quarrel having taken place near Juna Bagadganj between two brothers and crowd having gathered.

(3.) PW 5 after making Station Diary No. 37 along with the staff had been to the said spot and, thereafter, to Hanuman Temple June Bagadganj at/near which Subhash Laxman Hatwar was found dead with injuries on stomach, back, chest and wrist. PW 5 then had drawn spot panchanama Exh.42 in between 21.15 to 22.10 hours and had sent the corpse for autopsy along with PC 4167 to Mayo Hospital under requisition Exh.85.