JAWARILAL MORSING NAIK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The challenge in this appeal is to the conviction and sentence awarded to the appellant by learned Additional Sessions Judge, Jalgaon in Sessions Case No. 47/2003 on 14-6-2004, thereby convicting the appellant (original accused No. 1) for the offence punishable under section 302 of the Indian Penal Code and sentencing him to undergo life imprisonment and to pay fine of Rs. 3000/-, in default to undergo R.I. for three months more.

(2.) The factual matrix are as follows :

(3.) It is the case of prosecution that on 2-1-2003 i.e. on the same day of incident at about 2.00 to 2.30 p.m., dying declaration of victim Babibai was recorded by P.W.5 A.P.I. Shaikh Dawood of Jilha Peth Police Station, Jalgaon, which was treated as F.I.R. and P.W.6 A.P.I. Rajaram Mandge, who was attached to Pahur Police station at the relevant time, received the case papers from Jilha Peth Police Station, Jalgaon on 3-1-2003 and on that basis he registered the crime at Pahur Police Station under Crime No. 2/2003 on 3-1-2003. Accordingly P.W.6 A.P.I. Mandge took out the further investigation and visited the spot of incident and prepared the spot panchanama (Exhibit 29). He also recorded statements of some witnesses on 5-1-2003. The victim Babibai died in the hospital. Thereafter the dead body of victim Babibai was sent to hospital for post mortem purpose. Hence P.W.6 A.P.I. Mandge recorded supplementary statements of some of the witnesses. He also collected post mortem notes which are produced at Exhibit 31. Moreover, P.W.6 A.P.I. Mandge sent the seized articles to Chemical Analyser's Office along with forwarding letter (Exhibit 30). Accordingly, after completion of investigation, P.W.6 A.P.I. Mandge filed a charge sheet before Judicial Magistrate, First Class, Jamner on 25-2-2003. Thereafter, since the offences were triable by the Court of Sessions, the learned Judicial Magistrate, First Class, Jamner committed the case to the Court of Sessions, Jalgaon and the said case was numbered as Sessions Case No. 47/2003. Thereafter the learned Additional Sessions Judge, Jalgaon framed the charge against the appellant (original accused No. 1) and accused No. 2 for the offences punishable under sections 302, 498, 504 read with section 34 of the Indian Penal Code at Exhibit 7 and both the said accused faced the trial for the offences punishable under the said charges. The statements of both the accused were recorded under section 313 of the Code of Criminal Procedure. The defence of both the accused was of alibi that they were out of station at the relevant time of incident and they have been implicated in the present case falsely.