BALAJI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant/original accused being aggrieved by the judgment and order dtd. 7/8/2015 passed in Sessions Case No. 195 of 2014 convicting him for the offence punishable under Sec. 302 of the Indian Penal Code has preferred this appeal under Sec. 374 of the Code of Criminal Procedure.

(2.) As per the report given by Mubarak on 5/6/2014 at about 4.00 pm his nephew Rais came to the field where he was working and informed that Salim, son of the informant, being severely assaulted by Balaji (accused) in the field of Police Patil. He, therefore, went to the spot and found Salim dead. The said report (Exhibit 14) was given to the police on the same day at 8.15 pm.

(3.) After registration of crime investigation was done wherein police visited spot of the incident and panchnama was drawn. Inquest on the dead body was conducted and it was sent for post-mortem. Appellant came to be arrested and pursuant to his disclosure recovery of knife is done under panchnama. Investigation Officer recorded statements of witnesses and collected other relevant evidence. Seized muddemal was sent to the Chemical Analyzer for examination and as Investigating Agency found sufficient reason for filing charge-sheet, the same was filed against the appellant before JMFC. On committal the case was registered as Sessions Case No. 195 of 2014. Trial Court framed charge against the appellant at Exhibit 7. As appellant abjured the charge he was put on trial. Prosecution examined 12 witnesses in order to prove the charge against him.