SHRINIVAS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants being aggrieved by the judgment and order passed by the Additional Sessions Judge, Greater Bombay dated 20th February 2015 in Sessions Case No.336 of 2012 thereby sentencing them to imprisonment for life and fine of Rs.5,000/- in default to suffer imprisonment for a period of six months under section 302 r/w 34 of Indian Penal Code have filed the present appeal.

(2.) Such of the facts necessary for the decision of this appeal are as follows :-

(3.) P.W.-1 Prabhakar Joshi has deposed before the Court that on 9th January 2012, on the basis of the telephonic information given by Police Constable Wagh, he reached Rajawadi Hospital. He had drawn inquest panchanama. The statement of the PI Wagh was recorded. He had then registered A.D.R. No.5 of 2012 under section 174 of Cr.P.C. and sent the viscera for chemical analysis on 10th January 2012. P.W.1 in his deposition before the Court claims to have recorded the scene of offence panchanama on 10th January 2012 on the basis of the information given by Police Constable Mr. Wagh. It is surprising that within two days i.e. by 11th January 2012 the scene of offence panchanama was missing from the records. P.W.1 Joshi has also received the provisional death certificate and post-mortem notes on 9th January 2012 itself and on perusal of the same, it was more than clear that it was a case of homicidal death. Yet P.W.1 had registered A.D.R. No.5 of 2012.