CHIMANLAL VITHALDAS PANCHAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an Appeal by the appellant-accused against the order of conviction dated 25th January, 2000, by which the appellant has been convicted for offence punishable under Section 302 by the Additional Sessions Judge and sentenced to suffer rigorous imprisonment for life and also to pay fine in the sum of Rs. 10,000/- and in default, to suffer rigorous imprisonment for two years.

(2.) THE crime was registered against all the four accused. Appellant is the original accused No. l. By the impugned judgment, accused No. 2 Dashrath was acquitted for the same offence. Accused Nos. 3 and 4 viz. Pravin and kanaiyalal aged 12 and 14 years respectively, being juvenile, were discharged by the High Court order dated 16th October, 1966, in a Petition under Section 482 of the Criminal Procedure Code.

(3.) THERE was no eye witness in me matter. The prosecution has examined 7 witnesses. PW1 - Laxrni Rajaram Godan, PW2 - Dr. Ghanshyam daulatram Bhatiya, PW3 - Dr. Kumar Dattatraya Manaware, PW4 - Keshavlal atmaram Panchal, PW5 - Dr. Prashant Eknath Shimpi, PW6 -Rosario Ferrao John and PW7 - PSI Keshav Vasudeo Sarang. The documentary evidence relied by the prosecution includes panchanama of the dead body, medical reports, post mortem reports, letters of the Additional Coroner, Cooper hospital and related panchanama with related testimony. No oral evidence was led on behalf of me defence.