RAMESH MAHIPATI RANDIWE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE Confirmation Case No.1 of 2011 arise out of reference made under section 366 of the Code of Criminal Procedure (hereinafter referred as "Code" for the sake of brevity) by learned Additional Sessions Judge, Kolhapur for confirmation of sentence of death awarded to sole accused in Sessions Case No.141 of 2008 by the judgment and order dated 18th March, 2011. The said accused in his turn has preferred abovestated Criminal Appeal No. 481 of 2012 challenging the said judgment and order of his conviction and such a sentence imposed upon him.

(2.) BY the said judgment and order learned Additional Sessions Judge has convicted sole accused at the said Sessions Trial for commission of offence:- (i) punishable under section 302 of Indian Penal Code and sentenced him to a death for committing murder of his wife Smt.Ashwini and further ordered him to pay a fine of Rs.200/- and in default to suffer R.I. for two months; (ii) punishable under section 307 of Indian Penal Code for attempting to commit murder of his son - Kedar and sentenced him to suffer rigorous imprisonment for three years and to pay a fine of Rs.1,000/- and in default to suffer R.I. for one month; (iii) punishable under section 323 of Indian Penal Code for causing simple injury to his daughter - Shubhangi (P.W.9) and sentenced him to suffer R.I. for one month. and ordered concurrent running of sentences awarded on second and third count.

(3.) THE prosecution examined in all above referred 16 witnesses at the trial i.e. seven witnesses so far referred and additionally panch Neminath - P.W.1 regarding seizure of blood stained clothes of deceased i.e. Article 8 pink colour sari, Article 9 pink colour blouse and Article 10 parrot green colour petticoat under panchnama Exhibit-12 on 16th July, 2008, Satish Balwant Salunke (P.W.5) regarding statement/extra judicial confession made by appellant regarding his intent to send Kedar at the place at which he had already sent his mother i.e. Ashwini. Dr.Mahendra Phalke (P.W.6) regarding examination of P.W.9 made by him on 6.8.2008 and certificate Exhibit-30 regarding the injuries sustained by her issued by him, Dr.Pravin Naik (P.W.7) regarding autopsy performed at C.P.R. Hospital, Kolhapur on 6.8.2008 and autopsy notes Exhibit-32 of the same prepared by him, Panch Sachidanand Bandodkar - (P.W.8) regarding seizure of blood stained baniyan Article 11 and pink colour nicker Article 12 of the appellant under panchnama Exhibit-35, Father of deceased Ashwini, Kondiram Pavle (P.W.10), Police Constable M.A.Shaikh (P.W.13) regarding taking of 13 muddemal articles seized during investigation as mentioned in forwarding letter Exhibit-52 to Chemical Analyser as per the direction of I.O. Out of the said witnesses the prosecution was required to cross examine P.W.4 - Sonali by obtaining leave under section 154 of the Evidence Act due to having not supported the prosecution case. The prosecution also relied upon the documentary evidence prepared/collected during the course of investigation and referred hereinabove.