NIVRUTTI NINAJI GHULE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this appeal, challenge is to the judgment and order dtd. 28/12/2018 passed by the learned Additional Sessions Judge, Khamgaon, Dist. Buldhana, in Sessions Trial No. 45 of 2013, whereby the learned Judge has convicted the appellant for the offence punishable under Sec. 302 of the Indian Penal Code and sentenced him to suffer imprisonment for life and to pay a fine of Rs.500.00. In default of payment of fine, he is ordered to suffer rigorous imprisonment for one month.

(2.) The facts leading to this appeal are as follows :

(3.) Santosh Tale (PW13), Assistant Police Inspector, attached to Jalamb Police Station, conducted the investigation. He visited the spot of the incident and drew the spot panchanama. He also held the inquest of the dead body. He collected and seized the blood and blood mixed soil samples from the spot. He forwarded the dead body to the General Hospital, Khamgaon for post mortem. He arrested the appellant and seized the clothes worn by him. The appellant during the course of investigation made a confession which led to the discovery of axe used by the appellant for commission of the crime. The Investigating Officer recorded the statements of the witnesses and on completion of the investigation, filed charge-sheet in the Court of learned Judicial Magistrate, First Class, Shegaon.