GOLU MUSTAK KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants herein take an exception to the Judgment and Order dated 9th September 2014 passed by the Additional Sessions Judge, Pune in Sessions Case No.479 of 2013 by which the appellants herein are convicted for the offences punishable under section 302 r/w 34 of IPC and 120-B of IPC and sentenced to undergo RI for life and fine of Rs.5,000/- each, in default to suffer RI for two years. Hence, this appeal.

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

(3.) At the trial, the facts of the case as unfolded by the prosecution are that deceased Paramjit Singh was afflicted with bacillary migraine. He used to have vomiting, headache and sometimes he used to suffer from imbalance as testified by P.W.15 - Dr. Hemant Manjrekar who was attached to Dinanath Mangeshkar Hospital. According to P.W.15 - Paramjit Singh was admitted in Dinanath Mangeskar Hospital on 23rd January 2013. He was discharged on the same day at about 1.00 p.m. He has candidly opined that there is no possibility that Paramjit Singh would have committed suicide by throttling his own neck. The original medical case papers of the deceased are produced by P.W. 15 before the Court and are exhibited as Exhs.63, 63A and 263G . That P.W.15 has identified accused no.1 in the Court as the sister of the deceased who had accompanied him on 23rd January 2013.