RAMRAO KISAN RATHOD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present appeal is directed against the judgment and order of conviction passed by learned Additional Sessions Judge, Washim dated 03.09.2015 in Sessions Trial No.130/2013. By the said judgment and order of conviction, appellant stands convicted for an offence punishable under Section 305 of the Indian Penal Code (IPC) and is directed to suffer rigorous imprisonment for ten years and to pay a fine of Rs.10,000/-, in default to suffer simple imprisonment for six months.

(2.) Heard Mr. Chande, learned counsel for appellant and Mr.Thakare, learned A.P.P. for respondent-State. With assistance of both the learned counsel, I have gone through the record and proceedings. Both the learned counsel submitted their cases vehemently and prayed for their respective reliefs.

(3.) Rameshwar Chavhan (PW9), while he was discharging his duties as Police Sub Inspector (PSI) at Police Station, Washim, sent one Police Constable Umesh Bibekar to Civil Hospital, Washim to protect a dead body. On 25.10.2012, Rameshwar Chavan carried inquest panchanama (Exh.36) in presence of pancha witness Subhash Chavan (PW3). During the course of preparing inquest panchanama, one chit was found in the left side pocket of the shirt of the deceased. The same was seized under seizure panchanama (Exh.-37). The chit (Exh.-28) is available on record. The chit was containing recitals that the deceased committed suicide being fed up by harassment and ill treatment at the hands of the appellant. PSI Chavan (PW9) also prepared spot panchanama (Exh.-59). While preparing spot panchanama, two notebooks were seized from the drawing room of the house of the deceased. Pooja (PW2), sister of the deceased, informed that those notebooks are of the deceased.