LAWS(BOM)-2023-4-181

ASHOK Vs. STATE OF MAHARASHTRA

Decided On April 21, 2023
ASHOK Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Being aggrieved by the judgment and order dtd. 15/11/2018 passed by the Additional Sessions Judge, Jalna in Sessions Case No. 150/2016 of conviction for offence punishable under Sec. 302 of the Indian Penal Code thereby sentencing him to suffer imprisonment for life and to pay fne of Rs.10,000.00, in default to suffer rigorous imprisonment for one year, the appellant has preferred this appeal.

(2.) Case of prosecution can be narrated in brief as under :- On 19/6/2016, Ashok Lakhan Lal Sukla Sura (appellant) went to Sadar Bazaar police station at around 6:30 a.m. and met Duty Offcer and disclosed to him that he had committed murder of his wife (Pooja). He had knife stained with blood in his hand. So also his hands and clothes were smeared with human blood. The Duty Offcer took him to PSI Pardesi. Therefore, police along with the said person went to his house situated on frst foor in building near Maratha building at Charvai Pura. The said room admeasured 1010 sq. ft. wherein dead body of a woman was found lying with number of injuries on her person. Police conducted Punchnama of the spot in presence of panch witnesses. PSI Pardesi at around 12:19 p.m. registered First Information Report (FIR) on behalf of the State and offce came to be registered. Appellant was taken into custody, knife brought by him to the police station which was kept in safe custody was seized drawing seizure panchanama.

(3.) PI Nimbhore conducted investigation into the crime. He recorded statements of witnesses and muddemal properties seized were sent to forensic laboratory and on conclusion of investigation charge-sheet was fled against the appellant.