NAFIS TAUFIQ SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant was prosecuted on the allegation of having committed an offence punishable under Section 302 of the Indian Penal Code (IPC). The learned 5th Adhoc Additional Sessions Judge, Pune, after holding a trial found him guilty of an offence punishable under Section 302 of the IPC, and sentenced him to suffer imprisonment for life. Being aggrieved by his conviction and the sentence imposed upon him, the appellant has approached this court by filing the present appeal.

(2.) The prosecution case before the trial court was as follows :

(3.) After running out of the house, the appellant went to VadgaonMaval Police Station and reported the matter to Head Constable Ulhas Yadav (PW5), who was on duty at that time. Ulhas Yadav sent two constables to the place of offence after taking an entry into the Station House Diary. Thereafter, Police Inspector Vijaykumar Bhoite (PW6) went to the place of offence and saw that Salim had sustained bleeding injuries and had died. On learning that injured Parveen had been taken to Talegaon Hospital, P.I. Bhoite went there, and after ascertaining from the Medical Officer on duty that Parveen was in a condition to make a statement, P.I. Bhoite recorded her statement (Exhibit 27). Based on the statement, a case came to be registered and investigation commenced. Spot panchnama was drawn and the weapon of the offence was seized from the place of incident under a panchnama. Some other articles also came to be seized from the place of offence, as they were having stains of blood on them. The inquest panchnama in respect of the dead body of Salim was drawn.