YUVRAJ ANANDA CHAVAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 30th July, 2016 passed by the learned Additional Sessions Judge, Niphad in Sessions Case No. 86 of 2014 whereby the appellant/accused No. 1 Yuvraj and No. 2 Komal, husband-wife duo, came to be convicted for the offences punishable under section 120B, 302 and 201 read with 34 of Indian Penal Code , 1860 (the Penal Code ) and sentenced to suffer imprisonment for life and pay fne of Rs. 1,000/- each, on the frst and second count, and rigorous imprisonment for three years and fne of Rs. 500/- each, on the third count, with default stipulation for having committed murder of Hirabai (deceased), the grand mother of accused No. 2 Komal, pursuant to a criminal conspiracy and also caused disappearance of evidence thereof in order to screen themselves from legal punishment.

(2.) The prosecution case, as unfolded by Deepali Khairnar (P.W.1), the frst informant, runs as under:

(3.) In the meanwhile, pursuant to the report (Exhibit 26) the crime was registered at C.R. No. 81 of 2014 at Chandwand police station for the offences punishable under sections 120B , 302 and 201 read with 34 of the Penal Code . The investigating offcer visited the scene of occurrence and drew panchanama (Exhibit 28) under which Acacia stick ( Article 5 ) came to be seized. Inquest (Exhibit 22) was held. The body of the deceased was sent for postmortem examination. The autopsy surgeon opined that the deceased died on account of 'head injury'. The investigating offcer interrogated the witnesses and recorded their statement. Seized articles, including the quilts and the weapon of offence, were sent for Forensic analysis. The accused were apprehended on 29th June, 2014. After obtaining the postmortem and C.A. reports and fnding the complicity of the accused, charge sheet was lodged against the accused.