BALU SAMBHAJI SHINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) IN both these appeals, judgment and order dated 9.4.97 passed by the Additional Sessions Judge, Baramati, in Sessions Case No. 49 of 1994 is under challenge. Criminal Appeal No. 312 of 1997 is filed by appellant -Balu Sambhaji Shinde, who is original accused No. 2 and Criminal Appeal No. 485 of 1997 is filed by appellant -Dasu Baba Shinde, who is original accused No. 1. Since both these appeals arise out of the same facts, it is convenient to dispose them of by a common judgment. Hence this common judgment. For the sake of convenience, the appellants are referred to, in this judgment, as per their status in the Trial Court.

(2.) BRIEFLY stated, the prosecution story is that accused Nos. 1 and 2 are residents of Kaprewadi, Taluka Karjat, Dist. Ahmednagar. They are cousins. Accused No. 1 was married to deceased -Asha, daughter of P.W. 1 Vimal Kale of Nimbgaon -Daku, Taluka Karjat. The marriage had taken place just 15 to 20 days prior to the incident in question. Village Kaprewadi is about 16 to 17 miles from Nimbgaon -Daku.

(3.) ON 24.6.94, P.S.I. Khilari arrested the accused under Section 41 of the Criminal Procedure Code. After the dead body was recovered at the instance of accused No. 1, a report was made to Daund Police Station being Exh. 43. Further investigation was made by Daund Police Station. Inquest panchnama came to be drawn. On 25.6.94 at 2.50 a.m., P.W. 1 Vimal Kale lodged a complaint in the Daund Police Station. On the basis of her complaint C.R. No. 74/94 under Section 302 and Section 201 read with Section 34 of the Indian Penal Code came to be registered on 27.6.94. On transfer warrant custody of both the accused was taken over by Daund Police Station from the Magistrate at Karjat.