BHASKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant, who stands convicted for offence punishable under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and to pay fine of Rs.500/-, in default, to undergo further RI for one month by the Additional Sessions Judge, Pandharkawda (Kelapur) by judgment dated 09.03.2006, in Sessions Trial No. 34 of 2003, by this appeal questions the correctness of his conviction and sentence.

(2.) Such of the facts as are necessary for the decision of this appeal may briefly be stated thus :- PW-5 Dnyaneshwar Kadu an API, who was attached to Police Station, Wadki, on 10.03.2003, recorded the complaint of PW-1 Ramdas Jawade at Exh.31. On the basis of the said complaint of PW-1 Ramdas at Exh. 31, an offence vide Crime No.16/2003 under Section 302 of the Indian Penal Code was registered. The printed FIR is at Exh.43. PW-5 API Kadu then proceeded to village Khadki and in the presence of the panch witnesses, arrested the accused under arrest panchnama at Exh.19. Blood stained clothes of the accused were seized under seizure memo at Exh.38 in the presence of the panch witnesses. The accused was referred for medical examination under requisition at Exh.14. On the next day, PW-5 API Kadu proceeded to village Khadki and in the presence of panch witnesses, drew the scene of the offence panchnama at Exh.34. Inquest panchnama of the dead body of deceased Sanjay was also drawn in the presence of panchas at Exh. 35. The dead body was referred for postmortem examination along with the letter at Exh.18. From the scene of the incident, ordinary mud, blood mixed mud, a broken piece of handle of badsi and a piece of skull of deceased were seized vide seizure memo at Exh.36. The statements of witnesses were recorded and the accused was referred to the Medical Officer, Pandharkawda for collecting the nail clippings and blood sample along with the requisition at Exh.45. The nail clippings and the blood sample received from the Medical Officer, Pandharkawda were seized in the presence of panchas at seizure memo at Exh.40. The viscera of the deceased and the blood sample of deceased which was forwarded by the Medical Officer was seized in the presence of panchas vide seizure memo at Exh.41. The accused, when taken to his house, produced a bamboo stick and badsi from the heap of parati which was seized in the presence of panchas vide seizure memo at Exh.39. The blade of badsi which is an instrument used by the carpenter and the bamboo stick were forwarded to the Medical Officer for obtaining his opinion along with the communication at Exh.46. The clothes and the other seized articles were referred to the Chemical Analyser along with the requisition at Exh.47. Further to the completion of investigation, a charge sheet against the applicant/accused was filed.

(3.) The prosecution, in support of its case, examined seven witnesses. The defence of the appellant is of denial. The trial Court, upon appreciation of the evidence of prosecution witnesses, convicted and sentenced the appellant as aforestated.