MUBINKHAN S/O OSMANKHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant, who stands convicted for offence punishable u/s 302 and 498-A r/w 34 of the Indian Penal Code and sentenced to rigorous imprisonment for three years and to pay fine of Rs.10,000/-, in default of which to undergo further simple imprisonment for six months, by the Additional Sessions Judge, Parbhani, by judgment dated 13.8.2008, in Sessions Trial No.22/2008, by this appeal questions the correctness of his conviction and sentence.

(2.) SUCH of the facts as are necessary for the decision of this appeal may briefly be stated thus: PW 6 PSI Ambhore, who was attached to Nanalpeth Police Station, recorded the complaint of PW 1 Jamilkhan Pathan, father of deceased Mehrajbee, at Exhibit 22. On the basis of the said complaint, he registered an offence vide Crime No.164/2007 for offence punishable u/s 498-A, 306 r/w 34 of the Indian Penal Code against accused nos.1 to 4. The investigation of the said crime came to be entrusted to PW 7 API Aziz Andurkar. PW 7 API Andurkar on being entrusted with the investigation, recorded supplementary statement of the complainant and drew the scene of the offence - panchanama (Exhibit 18). Accused nos.1 to 3 came to be arrested on 10.9.2007. The clothes on the person of accused no.2 came to be seized under panchanama at Exhibit 39. The arrested accused were referred for medical examination. During custodial interrogation, accused no.1 disclosed his willingness to produce the weapon used in the offence and also the clothes, which he was wearing. Accordingly, a memorandum came to be recorded at Exhibit 32. The accused led the Police and the panch to his house and produced the articles viz. iron rod, stick and his clothes. The aforesaid articles came to be seized under panchanama at Exhibit 33. Certain disclosure statement is alleged to have been made by accused no.3, however, since accused no.3 has been acquitted, we make no reference to the aforesaid disclosure memorandum. The sketch of the scene of the offence came to be drawn and the seized property was referred to the Chemical Analyser along with the requisition at Exhibit 41. The reports of the Chemical Analyser are at Exhibits 43 to 45. Further to the completion of investigation, a charge-sheet against the appellant-accused came to be filed.

(3.) ) Contusion over neck on right superior side of size 5 x 2 cms.