ASHOK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal, the appellant/accused takes exception to the judgment and order dt. 26.2.2009 passed by the Sessions Judge, Chandrapur in Sessions Case No. 100 of 2008 convicting the accused for the offences punishable under Sections 302 and 498A of the Indian Penal Code and sentencing him to undergo imprisonment for life and to pay a fine of Rs. 5,000/- in default to undergo rigorous imprisonment for six months and to undergo rigorous imprisonment for three years and to pay a fine of Rs. 1,000/- in default to undergo rigorous imprisonment for three months respectively. Briefly stated, the prosecution case is as under:

(2.) On 25.6.2008, ASI Ganga Shankar Dubey prepared Spot panchanama (Exh. 63) in the presence of two panchas. From the spot, one kerosene Can (Article 5), one Steel Container (Article 6), pieces of bangles (Article 7), burnt pieces of clothes of deceased (Article 8), plain soil (Article 10) and kerosene mixed soil (Article 11) were seized vide Exhs. 64 and 65. On the same day, Naib-Tahsildar Sampat Pandurang Khalate (PW-3) received requisition letter (Exh. 27) from the police chowky to record statement of Kalpana. He proceeded to the General Hospital, Chandrapur. He recorded the statement (Exh. 28) of Kalpana as per her say in the presence of Medical Officer Dr. Roshan Bhiwapurkar (PW-11). On the basis of the said statement, API Gawai (PW-9) registered the offence under Section 307 of the Indian Penal Code on 26.5.2008 vide printed F.I.R. (Exh. 55) and sent case papers to Police Station, Rajura for further investigation. On the same day itself, in the evening, PSI Manish Bansod (PW-10) proceeded to General Hospital, Chandrapur and collected the clothes of patient under seizure panchanama (Exh. 59) in the presence of two panchas. The said clothes were saree and blouse (Articles 1 and 2). On the same day, the accused was arrested under Arrest panchanama (Exh. 34) and clothes of the accused (Articles 3 and 4) were seized under panchanama (Exh. 60). On 28.5.2008, PSI Bansod recorded statement of Kalpana (Exh. 61). Thereafter, statements of several witnesses were recorded and all the seized articles were sent to the Chemical Analyser for chemical analysis. Kalpana succumbed to the injuries on 5.8.2008. Therefore, Section 302 of the Indian Penal Code was added and the dead body of Kalpana was referred for post mortem. Dr. Anil Mundhada (PW-1) conducted post mortem and submitted post mortem report (Exh. 15). On the same day, PSI Pal prepared Inquest panchanama (Exh. 18) on the dead body of Kalpana. After completion of investigation, charge sheet was filed in the Court of the Judicial Magistrate, First Class, Rajura. Since the offence of murder was exclusively triable by the Court of Session, the case was committed to the Court of Session, Chandrapur.

(3.) In Sessions Case No. 100 of 2008, prosecution examined twelve witnesses and produced several documents in support of the charge under Sections 302 and 498A of the Indian Penal Code, which was explained to the accused, to which the accused pleaded not guilty. Defence of the accused is of total denial. The accused did not lead any defence evidence.