BHALCHANDRA NAMDEO SHINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD.

(2.) THIS criminal appeal filed by the appellant, original accused in Sessions Case No. 181 of 1996, is directed against the order of conviction and sentence dated 3-12-1997 passed by the 2nd Additional Sessions Judge, Osmanabad. The appellant accused is convicted under section 302 of Indian Penal Code and sentenced to suffer imprisonment for life and to pay fine of Rs. 500/-; in default of payment of fine, to suffer further rigorous imprisonment for six months.

(3.) IN brief, the facts giving rise to the prosecution case are as under : on 6-6-1996, Madhukar Mulay P. W. 5 Police Patil of village Chewri, Tq. Tuljapur, District Osmanabad, noticed a dead body in the field of Pandurang Vishwanath Shinde of village Chewri. On the basis of documents found in the pocket of pant of the deceased, the dead body was identified as that of Mahesh Shivaji Jadhav, r/o Jalkot, Madhukar Mulay P. W. 5 sent a report to Naldurg Police Station. On receipt of report, Police Head Constable Pawar, who was Police Station Officer, registered Accidental Death No. 26 of 1996. P. S. I. Shrikant Satpute P. W. 13 immediately visited the spot. He noticed injuries on the throat, head and hand of the dead body. He prepared inquest panchanama of the dead body of Mahesh Jadhav. The dead body was sent for the purpose of autopsy to the Primary Health Centre, Naldurg. Dr. Venkatesh Mulay P. W. 10 performed autopsy on the dead body of Mahesh Jadhav. He prepared post-mortem report Exh. 46. He opined that the cause of death was due to severe haemorrhage and shock due to cutting of neck and head injury. P. S. I. Satpute P. W. 13 lodged First Information Report Exh. 57. On the basis of First Information Report Exh. 57, Crime No. 106 of 1996 was registered and further investigation was carried out by P. S. I. Satpute P. W. 13.