BALU BABURAO KALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) By this appeal the appellant/ original accused challenges the impugned judgment and order dated 1st August 2002 passed by Additional Sessions Judge, Khamgaon in Sessions Trial No.16 of 1996 thereby convicting the appellant under Section 302 of the Indian Penal Code and sentencing him to suffer life imprisonment and to pay fine of Rs.One Thousand with default clause and under Section 201 of the Indian Penal Code with a sentence of rigorous imprisonment for seven years and to pay fine of Rs.Five Hundred with default clause.

(3.) On 09/09/1995 Complainant Rajkumar Tiwari (P.W. No.8) orally reported to Hiwarkhed Police Station that on that day at about 4.00 p.m. he and his driver Sudhakar were returning from Ganeshpur in his Matador bearing No. MH-28/5189. When they reached near bridge situated at milestone No.9, he saw Truck No. MH-12/7341 parked on the road side and by the side of that truck in korati bushes smoke was coming out. Out of curiosity the complainant and his driver stopped their vehicle. Suddenly one person entered in the truck. On reaching near the flames the complainant and his driver saw a body was burnt on tyre. P.W. No.8 and his driver immediately rushed to the Police Station and gave oral report. Thereafter they went to chase the truck. They caught the truck along with cleaner-Balu Kale and on inquiry, Balu Kale disclosed that he committed murder of the driver by inflicting wheel spanner blow and he kept the dead body on tyre, poured diesel on it and ignited it. P.W. No.8 then gave message with Shri Baburao Lokhandkar, Police Patil of village Shirala to inform the Police Station Officer, Hiwarkhed that they have caught the accused. On receiving information, Police Sub-Inspector Charkhe (P.W.No.12) and other staff came there. They accosted the accused and brought him to the Police Station along with truck. Thereafter the complainant lodged report (Exh.41). On the basis of the First Information Report (Exh.41) Cr. No. 62 of 1995 for the offences punishable under Sections 302 and 201 of the Indian Penal Code was registered with Hiwarkhed Police Station and the investigation commenced. After completing necessary investigation, charge-sheet came to be filed against the accused for the offences punishable under Sections 302 and 201 of the Indian Penal Code. The case was committed to the Court of Session.