VIJAY JAGANNATH KHAIRNAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellants herein are convicted for the offence punishable under Sec. 302 and 447 read with 34 of the Indian Penal Code and are sentenced to suffer imprisonment for life and fine of Rs.10,000.00 each, in default to suffer rigorous imprisonment for three months by the Additional Sessions Judge, Malegaon in Sessions Case No. 112 of 2014 vide judgment and order dtd. 19/1/2016. Hence, this appeal.

(2.) Such of the facts necessary for the decision of this appeal are as follows:-

(3.) PW.1 - Taibai Shewale claims to be sole eye-witness to the incident of assault. According to her, the incident took place on 13 th June 2014 at about 6.00 to 6.30p.m. She had seen the accused abusing and assaulting Samadhan. According to her, she was proceeding towards the agricultural land to provide water to Samadhan. Soon after, she was noticed the accused fled from the spot. In the meanwhile, Gorakh reached the spot in an auto-rickshaw, while Samadhan was lying in a pool of blood. That they took Samadhan to Girna hospital in the auto-rickshaw. Doctor informed her about the demise of Samadhan. After sometime the police arrived in the hospital and the incident was narrated by her. The police had obtained her thumb impressions and signature of Gorakh Shewale and Sagar Bacchav on her statement. The said statement is marked at 'Exhibit-27 '. That according to her, the spot of incident was shown by her to the police. The spot was guarded during the night. The panchnama was conducted on the next day. The sandal of her son was lying on the spot of incident. The Gupti i.e. the sword stick was lying near the sandal and one rexin cover was lying at a distance of 9 to 10 feet from the spot where Samadhan was lying in a pool of blood. The statement of PW.1-Taibai was also recorded under sec. 164 of Cr.P.C. and marked at 'Exhibit-28 '. She has further stated that four days after the incident, the police had enquired with her and she had narrated the incident to the police.