HAMID KADIR SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant, who stands convicted for an offence punishable under section 498-A, 342 and 302 of the Indian Penal Code and sentenced to R.I. for three years and to pay fine of Rs.2,000/-, in default of which to undergo further R.I. for six months; R.I. for one year and to pay fine of Rs.1,000/-, in default of which to undergo further R.I. for six months and imprisonment for life and to pay fine of Rs.2,000/-, in default of which to undergo further R.I. for six months, with a direction that the substantive sentences shall run concurrently, by the Additional Sessions Judge, Ahmednagar, by judgment dated 7.2.2011, in Sessions Case No.171 of 2009, by this appeal questions the correctness of his conviction and sentence.

(2.) Facts in brief, as are necessary for the decision of this appeal, may briefly be stated thus :-

(3.) P.W.8 P.S.I. Sukale, who was attached to the Pathardi police station, was entrusted with the investigation of Crime No.102 of 2009. He accordingly proceeded to the scene of the incident and drew the scene of the incident panchnama in the presence of panch witnesses at Exh.16. From the scene of the offence half burnt clothes of injured, one plastic drum smelling of kerosene, one match box, five match-sticks and one burnt match-stick were seized. Statements of witnesses were recorded and search for the accused was commenced. On 9.5.2009, the appellant/accused was arrested in the presence of panchas under arrest panchnama at Exh.28. Meanwhile, it appears that injured Bashira succumbed to her injuries, i. e. on 11.5.2009 and accordingly the inquest panchnama of the dead body of Bashira was drawn in the presence of panchas at Exh. 18. With the permission of Judicial Magistrate section 302 of the Indian Penal Code was added. Statements of other witnesses were recorded and the dead body of deceased Bashira was referred for post mortem examination. The seized articles were thereafter sent to the Chemical Analyzer under requisition at Exh.30. The report of the Chemical Analyzer is at Exh.31. Further to the completion of investigation a charge-sheet against the appellant was submitted.