KALIDAS KUNDLIK LOMTE Vs. STATE OF MAHARASHTA

JUDGEMENT

(1.) The appellant convict for offence under Sec. 302 and 324 of the Indian Penal Code, is questioning the judgment and order of conviction dtd. 28/8/2015 passed by the learned Additional Sessions Judge, Osmanabad in Sessions Case No. 180 of 2013.

(2.) As per the case of prosecution, telephonic information was received at Police Station in the early hours of morning of 14/6/2012 that a boy name Suraj was admitted at Primary Health Center, Dhoki in injured condition. On taking note of the same in Station Diary, PW12 Suryakant, Investigating Officer visited Primary Health Center, Dhoki, however, there he learnt that the boy was shifted and referred to Civil Hospital, Osmanabad and so he went there and recorded statement of Suraj.

(3.) Investigation was carried out by the concerned investigating officer i.e. P.W. 12 who visited the room, prepared spot panchanama, thereafter inquest panchnama was drawn and dead body was referred for postmortem and report was gathered. The investigating officer recorded the statement and supplementary statement of relevant witnesses; seizure was caused; clothes of deceased were gathered. The accused came to be arrested, necessary panchanamas were also drawn and after gathering sufficient evidence against the accused, the accused came to be charge-sheeted.