SHIVAJI VITHAL GODSE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The challenge in this appeal is to the conviction of the Appellant under Section 302 of Indian Penal Code for which he was sentenced to suffer imprisonment for life and to pay fine in the sum of Rs. 1000/- with default stipulation to undergo rigorous imprisonment for one year in Sessions Case no. 257/1993 by the Judgment and Order passed by 3 rd Additional Sessions Judge, Solapur by his Judgement and Order dated 5 th March, 1994.

(2.) Such of the facts as are necessary for the just decision in this appeal can be summarized as follows :-

(3.) It appears from the record received from the trial court that to substantiate the charge leveled against the appellant and others, prosecution has examined in all 11 witnesses including 4 panch witnesses, 2 investigation officers, one medical officer, learned J.M.F.C., Dinesh R. Mahajan, Karmala, two neighbours and uncle of the deceased. Apart from this oral evidence, prosecution also tendered certain documents out of which inquest panchanama (Exhibit-16), spot panchanama (Exhibit-17), panchanama of seizure of the clothes deceased (Exhibit-18), PM report (Exhibit-20), Advance Certificate of death of deceased (Exhibit-20), MM notes (Exhibit-21). CA reports at (Exhibit-23, 24 and 25 and sketch of scene of offence prepared by Circle Officer (Exhibit-26) were admitted by the defence which were produced under Section 294 of the Criminal Procedure Code. On appreciation of this evidence led by the prosecution, the trial court was pleased to convict the appellant for an offence punishable under Section 302 of Indian Penal Code. This conviction and sentence is impugned in this appeal. By the same Judgment and Order, Trial Court was pleased to acquit the remaining five accused in the Sessions Trial. Admittedly, the correctness and legality of the order of their acquittal is not questioned by the State by preferring appeal against the acquittal.