DATTU MURLIDHAR BABUL Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal by accused No. 1 in Sessions Case No. 152 of 1995, before the learned Additional Sessions Judge, Nasik, is directed against his conviction for offences punishable under Section 304 part I and sentence of rigorous imprisonment for 7 years with fine of Rs. 500/ - or in default further rigorous imprisonment for three months, imposed upon the appellant. Facts which are material for deciding this appeal are as under: -

(2.) IN the course of investigation Police performed inquest on the body of Vitthal and caused it to be sent for the postmortem examination. They seized the clothes of Vitthal. They also sent Janabai and some other members of complainant's family who had sustained injuries in the incident for medical examination. The Investigating Officer drew panchnama of spot and also prepared sketch of the spot. The appellant was arrested, his clothes were also seized. The articles were sent to the Forensic Science Laboratory. The Investigating Officer also recorded statement of witnesses. In the course of investigation, the appellant agreed to produce knife which he had concealed by burying it under a pole. The Memorandum was recorded and the knife was seized under panchnama. On completion of investigation the Investigating Officer sent chargesheet to the learned Judicial Magistrate First Class, Pimpalgaon, who committed the case to the Court of Sessions at Nashik.

(3.) IT appears that the complainants party had also been chargesheeted by the Investigating Officer and that case had also been committed to the Court of Sessions bearing Sessions Case No. 201 of 1995. The learned Judge seems to have also recorded evidence in that case and by common judgment decided both Sessions Cases together. He acquitted the accused in Sessions Case No. 201 of 1995 and convicted the appellant of offence under Section 304 part I of the Indian Penal Code and sentenced him as aforementioned. He also convicted accused No. 3 Trimbak of offence punishable under Section 323 IPC for causing hurt to Janabai and sentenced him to suffer imprisonment till rising of the Court and to pay fine of Rs. 500/ -. Accused No. 3 Trimbak has not appealed against his sentence. Aggrieved by the conviction and sentence, the appellant has preferred this appeal.