DAGADU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal under Section 374 (2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ' Cr.P.C .) has been directed against the Judgment and order dated 26-09-2013 passed by the learned Additional Sessions Judge, Omerga, Dist. Osmanabad in Sessions Case No.18 of 2012 whereby convicted the appellant under Section 302 of the Indian Penal Code, 1860 (hereinafter in short ' I.P.C .') and sentenced him to suffer imprisonment for life and to pay fine of Rs.2,000/- and in default of payment of fine, further rigorous imprisonment for six months.

(2.) The case of the prosecution, in brief, is as under:

(3.) Investigation of the said crime commenced as usual. During the course of investigation, Inquest Panchanama of the dead body of Sunita was drawn. Then dead body of Sunita was shifted to Rural Hospital, Lohara with requisition along with copy of inquest panchanama for conducting post-mortem. The clothes of the deceased handed over, after post-mortem were seized. Then in presence of the panchas carried inspection and drew the spot panchanama of the spot i.e. house of the appellant where incident took place. Thereafter, the appellant - accused was apprehended on 25-10-2011. While the appellant was in police custody, at his instance crime weapon i.e. axe and his clothes were discovered and recovered under Section 27 of the Indian Evidence Act, 1872 (hereinafter ' Evidence Act '). Then material witnesses were recorded. Muddemal articles were forwarded to Forensic Lab for chemical analysis with requisition letter, collected post-mortem report and chemical analysis report. After completion of investigation, the appellant was charge-sheeted before Judicial Magistrate First Class, Lohara, who in turn committed the case to the Court of Additional Sessions Judge, Omerga as offence under Section 302 of I.P.C. is exclusively triable by the Court of Sessions, by passing committal order dated 04-09-2012.