AKBAR KHAN AJMER KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants have taken an exception to the Judgment and Order dated 23rd May 2014 passed by the Ad hoc District Judge-3 and Additional Sessions Judge, Nashik in Sessions Case No.282 of 2012 by which the appellants have been convicted for the offence punishable under sections 302, 120-B r/w 34 of Indian Penal Code for life imprisonment and pay fine of Rs.500/- each, in default to suffer S.I. for one month each.

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

(3.) That the inquiry in A.D. No.41/2012 was given to Anil Pawar, Investigating Officer - P.W.20, who in the course of inquiry visited the house of the appellant. He found that the domestic articles were scattered helterskelter and the pillows were lying down. He suspected that it could be only the husband of the deceased to be the perpetrator because the ingress and egress to the military quarters is not very easy. He soon realised that the scene of there being a theft in the house was created and therefore, he inquired with the Medical Officer of Civil Hospital, Nashik about the cause of death. It is pertinent to note that the post-mortem notes which are at Exh.75 are admitted by the accused no.1. The Medical Officer upon seeing the post-mortem notes which are at Exh.75 informed P.W.2 that the cause of death is "asphyxia due to throttling ". P.W.2 had also gone through the certificate issued by the Medical Officer, Civil Hospital, Nashik which indicated clearly that the cause of death was "asphyxia due to suffocation ". The Medical Officer had given a letter to P.W.2 in respect of the cause of death on 8th September 2012 i.e. on the very next day. It was also clarified by the Medical Officer that it may be a case of throttling, strangulation, gagging and smothering. The said letter is at Exh.33. P.W.2 was rest assured that it could be none other than the accused no.1 - appellant. He inquired with the neighbour Hawaldar Hukum Singh (P.W.7) and he had learnt that a lady teacher used to visit the house of Hukum Singh to take tuition and the said lady teacher had seen the accused going on his bicycle at about 4.30 to 4.45 pm. In further inquiry, he had also learnt that the senior of the accused Ujwal Kumar Bir (P.W.6) had called upon the accused as he had not reported on duty at the stipulated time. He further learnt that the accused had not received call of P.W.6 and subsequently replied that he was held up as his bicycle was punctured. This was sufficient material for P.W.2 to suspect the involvement of the appellant and hence, he lodged FIR at the Deolali Camp Police Station against the accused for the offences punishable under section 302 of IPC.