DALPATSIHA GANESHSIHA RAJPUT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard rival arguments on this Criminal Appeal preferred by the appellant/orig.accused challenging the judgment and order of conviction dated 9 th August, 2004 passed by the 1 st Adhoc Additional Sessions Judge, Nashik in Sessions Case No.19 of 2004. By the said judgment and order, the appellant/accused was convicted for the offence punishable under Section 302 of IPC and was sentenced to suffer imprisonment for life and to pay fine of Rs.500/, in default to suffer further RI for two months. He was acquitted for the offence punishable under Section 135 of the Bombay Police Act.

(2.) The case of the prosecution, in nutshell, is as under :

(3.) According to the case of prosecution when victim Pushpa Jadhav was alone proceeding on the road, the appellant/accused accosted and assaulted her by means of a sickle causing severe bleeding injuries and also probably causing instantaneous death. There were about 12 incised wounds inflicted on her person and mainly in the area of abdomen and chest and also on hands. After the assault, victim Pushpa fell on the ground in a pool of blood and that time appellant/accused started running away from the spot. At this stage, one witness PW6 Bhavdhya @ Sanjay Sonawane was present and witnessed the accused running away from the spot. He along with one Mahindra Zute chased the appellant and caught him. Prior to that when the appellant/accused was running away, he threw some article below the basement of one tower situated in that area. Apparently, from the basement of said tower subsequently a sickle was recovered during the investigation in which PW1 panch Prakash Jadhav took part. In fact, said sickle was recovered as per memorandum statement of the appellant/accused.