BALU JANGALU MADANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Appeal is directed against the Judgment and order dated 31/12/2003 passed in the Sessions Case No. 60 of 2003 by the learned Additional Sessions Judge, Satara, whereby the Appellant was found guilty of the offence punishable under Section 302 of the Indian Penal Code and sentenced to suffer imprisonment for life and to pay fine in the sum of Rs.3000/, in default to undergo rigorous imprisonment of three years. Being aggrieved by the judgment and order of conviction, present appeal is filed by the appellant through jail.

(2.) Brief facts which led to the prosecution of the Appellant are:

(3.) The investigation followed. A.P.I.Shri Dipak Deshmukh who recorded complaint (Exh.22) and registered Crime No.35/2003 under section 302 of I.P.C. at Phaltan Police Station on 12.10.2002 proceeded to the spot of incident where Dnyandev was lying dead and drew inquest panchnama regarding the condition of the dead body of Dnyandeo (Exh.20) then he sent dead body of Dnyandeo Kokare for postmortem examination. He also drew panchnama in respect of the spot of the incident (Exh.18) and irregular shaped stone (weighing about 10 kilograms), one bicycle and one lemon fruit lying on the spot of the incident, were seized and sealed with paper slip bearing signatures of panchas. The weapon of offence i.e. stone (Article No.6) was identified by PW 13 Dipak Deshmukh as the same which was seized on the spot as also the bicycle (Article No.7). He had collected blood mixed sample of earth and ordinary sample of earth. (Article Nos. 8,9 and 10) then proceeded to record statement of witnesses. In the course of investigation, the articles such as clothes (Article Nos. 1 to 5) were recovered from the dead body under panchnama (Exh.29). Post mortem examination was done by Dr Waghmare (PW 12) as per the postmortem notes (Exh.34). The appellant Balu was arrested on 11.2.2003 at 11:05 p.m. under panchnama (Exh.16). He was referred for medical examination. His clothes (Shirt and Pyjama), which were found stained with blood, were seized and sealed in presence of panchas under panchnama (Exh.31). The Investigating Officer also sought opinion regarding possibility of causing injuries by means of stone seized during the course of investigation from the spot of incident, and opinion in respect thereof was obtained from the doctor (Exh.37). Seized articles were sent to Chemical Analyser/Forensic Science Laboratory on 20.2.2003 duly acknowledged by Chemical Analyser's office. Reports from Chemical Analyser's office were received (Exh.49).