SHANKAR GANPATRAO NEHARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant, who stands convicted for an offence punishable under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and to pay a fine of Rs.10,000/-, in default of which to undergo further R.I. for two years by the 1st Ad-hoc Additional Sessions Judge, Yavatmal by judgment dated 8.8.2006 in Sessions Trial No. 38/05, 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 : PW.10 SDPO Murlidhar Nale, who was attached to Police Station Kalamb as Police Station Officer recorded the complaint of PW.2 Fakira on 5.5.2005. On the basis of the said report at Exh. 24, an offence was registered vide Crime No. 51/05 under Section 302 of the Indian Penal Code. The printed FIR is at Exh. 25. Upon registration of the said offence, the investigation of the said crime was entrusted to PW.11 PSI Gunwant Atal who was also attached to Police Station Kalamb. Accordingly, PW.11 PSI Atal proceeded to the scene of the incident and drew the scene of the incident panchnama in the presence of PW.3 Raju and another panch at Exh 27. From the scene of the incident, he seized a bicycle which was lying there and other articles such as a bicycle pump, one slipper, etc. under seizure-memo at Exh. 28. The dead body of deceased Vilas was lying at the scene and accordingly, the inquest panchnama was drawn in the presence of panchas at Exh. 29. The dead body was forwarded for post-mortem examination under requisition at Exh. 46. The police searched for the accused and ultimately the accused was apprehended at village Narsapur and was brought to the Police Station. Accordingly, the arrest of the accused was effected before the panchas under the arrest panchnama at Exh. 47. One knife which was in the possession of the accused was seized. The clothes of the accused were also found stained with blood and, therefore, the knife and the clothes were seized under seizurememo at Exh. 22. The accused was thereafter referred for medical examination and the accused was examined by PW.7 Dr. Kunte who did not notice any injury on the person of the accused. PW.7 Dr. Kunte accordingly issued the certificate at Exh. 38.

(3.) On committal of the case to the Court of Sessions, trial Court vide Exh. 3 framed charge against the appellant for offence punishable under Section 302 of the Indian Penal Code. The appellant denied his guilt and claimed to be tried. Prosecution in support of its case examined 11 witnesses. The trial Court upon appreciation of the evidence of the prosecution, convicted and sentenced the appellant as afore-stated.