SHASHIKANT @ PAPPU SHIVANAND ZURALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant has challenged the Judgment and Order dtd. 6/10/2018 passed by the Additional Sessions Judge, Osmanabad in Sessions Case No.30 of 2017. By the impugned Judgment and Order the appellant was convicted for the offence punishable under Sec. 302 of the IPC and was sentenced to suffer rigorous imprisonment for life and to pay fine of Rs.2000.00 and in default he was directed to undergo rigorous imprisonment for 1 year. The appellant was granted set off under Sec. 428 of the Code of Criminal Procedure, 1973.

(2.) The prosecution case is that, on 23/1/2017, the appellant committed murder of Anil Shivaappa Karpe in a dilapidated house of Shri Dhumal at village Andoor, Taluka Tuljapur, District Osmanabad. The deceased was uncle of the Appellants wife. According to the prosecution case, the deceased was trying to mediate in the dispute between the appellant and his wife. The appellant did not like that and therefore committed his murder.

(3.) The appellant was arrested on 24/1/2017 and since then he is in custody. The F.I.R. was lodged by son of the deceased - Amar Karpe. According to the first informant, the deceased was not found for some time on 23/1/2017. When the informant and his friends were looking for the deceased, the dead body was found in the dilapidated house of Shri Dhumal. The appellant was seen near the dead body and, therefore, suspicion was expressed against him. After registration of the F.I.R., investigation was carried out, the appellant was arrested, statements of witnesses were recorded, Inquest Panchanama was conducted, Spot Panchanama was conducted and Postmortem was performed on the dead body. After conclusion of the investigation, charge-sheet was filed and the case was committed to the Court of Sessions.