VIKRAM RAJARAM CHOURASIYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Appeal challenges the legality of the Judgment and Order dtd. 5/2/2015 passed by learned Additional Sessions Judge, Nashik, in Sessions Case No.219 of 2013, convicting Appellant for offence punishable under Sec. 302 of the Indian Penal Code, 1860 (for short 'IPC') and sentencing him to suffer imprisonment for life and to pay fine of Rs.1000.00, in default, to suffer further imprisonment for one month.

(2.) Shorn of unnecessary details, facts which emerge for consideration are as follows:

(3.) PW-1 - Pandurang Malekar is the Police Patil of village Harsul and first informant. He informed PW-9 on phone about having spotted Laxmi in front of PW-3's hut. PW-9 - ASI Mr. Ambadas C. Jadar rushed to the spot of incident and moved Laxmi to the hospital in his jeep. PW-4 and PW-5, recorded the two statements (dying declarations) given by Laxmi separately on 28/3/2013. PW-6 and PW-8 are the father and brother of Laxmi. They both have deposed that they knew that Appellant was Laxmi's friend. Both these witnesses have recognised Laxmi's handwriting on Exh.13, the second dying declaration written by Laxmi. PW-2 and PW-7 are pancha witnesses to the spot panchanama (Exh.55) and seizure memoranda (Exh.22). PW-10 - Dr. Sunil R. Jagtap of Shree Siddhi hospital, Nashik has deposed that Laxmi was working in his hospital as a trainee nurse at the time of incident and he knew that Appellant was her friend. PW-12 - Dr. Nareshkumar S. Bagul performed the autopsy and proved the PM notes (Exh.36).