RATAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appeal is preferred against the Judgment and Order of conviction passed by the learned Ad-hoc Additional Sessions Judge-3, Amravati on 23.6.2008 in Sessions Trial No. 15 of 2008 whereby the learned trial Judge found appellant/accused Ratan Babhootsingh Rathod guilty and convicted him for the offence punishable under Section 302 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for life and to pay a fine in the sum of Rs. 1,000/-, in default to suffer rigorous imprisonment for six months. The appellant/accused was also found guilty for the offence punishable u/s. 498-A of the Indian Penal Code and was sentenced to suffer rigorous imprisonment for one year and to pay a fine in the sum of Rs. 500/- in default to suffer rigorous imprisonment for three months.

(2.) The facts, which are stated briefly, are as under:

(3.) Initially, Marg bearing No. 0 of 2007 was registered at City Kotwali Police Station, Amravati on 18.10.2007, about which report was sent to Police Station, Kurha. Police inquired about the occurrence and then registered offence vide Crime No. 93 of 2007, under Section 302 of the Indian Penal Code. P. S. I. Narayansingh Jaisingh Dabherao (PW-6) investigated the case by recording statements of witnesses and arrested the accused. The mudemaal articles seized were referred to the Chemical Analyser, Nagpur. Post Mortem notes were collected during the course of investigation and upon completion of investigation, the accused was chargesheeted u/ss. 302 and 498-A of the Indian Penal Code before the learned Judicial Magistrate, First class, Chandur Railway.