AZIZKHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant, a convict has invoked jurisdiction of this Court by filing instant appeal, thereby challenging judgment and order of conviction passed by learned Additional Sessions Judge, Biloli, Dist. Nanded for commission of offence under sec. 302 and 392 of Penal Code, 1860 and thereby sentenced him to suffer imprisonment for life and to suffer rigorous imprisonment for ten years, respectively, for each of the above offence.

(2.) Deceased Vimalabai was harvesting pulse(Tur) in her own field on 6/3/2011. Her son-informant Tukaram (PW1) had been to render labour services in the field of one Murlidhar Demewar. Tukaram was informed by one Prakash Jadhav that something has happened to his mother and so he rushed to their field and there he found his mother lying down in the field. Ornaments on her person were also found to be missing. She was shifted to hospital where she was declared dead and thereafter PW1 Tukaram lodged FIR against unknown person for commission of murder and committing robbery, on the strength of which, crime bearing No. 19 of 2011 was registered with Ramtirth Police Station for the above offence.

(3.) Investigating machinery, after completing investigation, filed charge-sheet which came to be committed to the Court of Additional Sessions Judge, Biloli, wherein prosecution adduced evidence of in all 12 witnesses and also sought reliance on documentary evidence like FIR, panchanama, postmortem report etc. After appreciating the oral and documentary evidence learned trial court was pleased to convict the accused-appellant and hence the instant appeal.