HEMRAJ Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal preferred by the appellant/accused Hemraj Babu Rathod against his conviction recorded by the learned Sessions Judge, Aurangabad (hereinafter referred to as the "trial Court") in Sessions Case No. 144/2010 vide judgment and order dtd. 29/11/2014. Under the impugned judgment the learned trial Court has convicted the present appellant / accused under Sec. 302 of the Indian Penal Code (for short "I.P.C.") and sentenced him to suffer imprisonment for life and to pay fne of Rs.500.00 in default to suffer rigorous imprisonment for three months. Learned trial Court has also convicted the appellant / accused for the offence punishable under Sec. 307 of I.P.C. and sentenced him to suffer rigorous imprisonment for 7 years and to pay fne of Rs.300.00 in default to suffer rigorous imprisonment for one month.

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

(3.) A.P.I. Chatrabhuj Nagargoje i.e. PW-6 conducted the investigation of the said crime. During the course of investigation, he visited the Primary Health Centre, Pahur and prepared inquest panchnama over the dead body of Ajay in presence of two panchas. He also issued letter to Medical Offcer for conducting postmortem. Accordingly, postmortem was conducted. One Dr. Sharad Choudhari examined the other injured son Viay and prepared injury certifcate. Thereafter Investigating Offcer Nagargoje also visited spot of the incident and prepared spot panchnama in presence of two panchas. At the relevant time the Investigating Offcer found one shirt, one pant, white shirt, underpant, one charger, SIM Card packet of mobile No. 9624761037, other yellow SIM card, one black coloured bag, blood mixed soil and simple soil, ball pen, one chappal, twig of cotton plant on the spot which he seized in presence of panchas. Investigating Offcer also seized clothes worn by deceased Ajay in presence of panchas comprising one pant, one shirt and one Kardora. Then Investigating Offcer arrested appellant / accused on the same day i.e. on 18/2/2010 at about 7.05 p.m. as per arrest panchnama and also seized clothes worn by appellant / accused including shirt, pant and also one receipt of purchase of blade of saw (djor) and a rope from the shop i.e. Viay Loh Bhandar, Pahur. Investigating Offcer accordingly prepared separate seizure panchanama. Then the Investigating offcer recorded statements of witnesses.