SACHIN NAGNATH SATPUTE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD , Mr. D.G. Khamkar, Learned Counsel for the Appellant and Mr. J.P. Yagnik, Learned APP for the State.

(2.) THE Appellant is aggrieved by the Judgment and Order passed by the Session Court who was pleased to convict the appellant for the offence punishable under Section 302 of the Indian Penal Code.

(3.) INITIALLY the prosecution examined the relatives of the deceased who stated in the evidence that the deceased committed suicide on account of harassment by the accused. The prosecution thereafter examined Dr. Santosh Nagnath Bhadakwad (PW.5). The said witness had performed the postmortem. The cause of death was reserved after the postmortem was performed by the Doctor. When his evidence was recorded in the court, he gave an opinion that the death of the deceased was caused due to asphyxia due to smothering. He further stated in his evidence that injury 17(a) was possible by keeping pillow on face and pushing it by hands. He further stated that if the patient is alive and then set on fire then smoke particles are noticed in nostrial, trachea and also in the stomach. However, no such smoke particles were noticed and therefore he gave an opinion that the case was of homicidal death. After the evidence of Doctor was recorded the trial court modified the charge and added the offence punishable under Section 302 r/w. 34 of the Indian Penal Code and Section 201 and an alternate charge under Section 306 of the Indian Penal Code r/w. 34 of the Indian Penal Code was also added.