BANDU SHANKAR KALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) SINCE these three appeals arise out of the same facts and a common impugned judgment, we propose disposing them of by one judgment.

(2.) THROUGH this appeal, the appellants challenge the judgment and order dated 28.12.1995 passed by the 2nd Additional Sessions Judge, Parbhani in Sessions Case No. 88 of 1995, whereby they have been convicted and sentenced in the manner stated hereinafter : - (i)Under Section 302 read with 34 I. P. C. to suffer imprisonment for life; and (ii)Under Section 307 read with 34 I. P. C. to suffer 7 years' R. I. and to pay a fine of Rs. 500/- each, in default of payment of fine, to undergo one month's R. I. each. The substantive sentences of the appellants were ordered to run concurrently.

(3.) THE evidence of P. S. I. Ganesh More - P. W. 9 shows that at about1. 30 a. m. , he was on night duty at Purna Police Station and at the said time, he recorded the complaint of Santosh and reduced it into writing and on its basis registered Cr. No. 1/95. THE investigation was conducted in the usual manner by P. S. I. More - P. W. 9.After recording the complaint, he proceeded to Dr. Waghmare's Hospital, where he prepared inquest of the corpse of the deceased Pawan. He then referred Gopal - P. W. 2 to Primary Health Centre, Purna.