NARAYAN SUKLAL KOLI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an appeal preferred by the original accused no.1 against the judgment and order of conviction and sentence dated-5-9-1984, passed by the Sessions Judge, Dhule, in Sessions Case No. 63 of 1984, whereby the original accused no.1 has been convicted and sentenced for offence punishable under Section302 of the Indian Penal Code to undergo imprisonment for life.

(2.) THE appellant (hereinafter referred to as, "the accused no.1") was prosecuted, along with accused no.2 who is his grand father, for having committed offence punishable under Section302 of the Indian Penal Code on the allegation that on the night of 28-2-1984 in his residential house at village Wadi (Khurd) he committed murder by intentionally or knowingly causing the death of his wife named Dhrupadabai. Accused no.2 was prosecuted for offence punishable under Section302, r/w. 109 of the Indian Penal Code on the allegations that he aided/abeted or instigated the accused no.1 in commission of offence of murder which was committed in consequence of his abetment.

(3.) P. S. I Patil (PW9) visited the house of the accused at7. 00 p. m. and drew panchanama of scene of offence Exh.19. He recorded statements of witnesses, and on the next day i. e. on1-3-1984 he arrested the accused no.1 Narayan. 'chimani' and match box were recovered in consequence of the information given by the accused no.1 from his house. They were attached under the discovery panchanama Exhs. 16 and 17. Thereafter the accused no.2 was arrested. Dhrupadabai succumbed to the burn injuries on4-3-1984. Therefore, P. S. I. Patil converted the offence under Section307 to Section302 of the Indian Penal Code. Dead body of the deceased was referred to the Medical Officer Dr. Kamble (PW10) for postmortem examination. Dr. Kamble (PW10) performed autopsy over the dead body. The clothes which were found on the dead body were attached under panchanama Exh. 25 and they were sent to the Chemical Analyser for analysis. After completion of investigation, both the accused were charge-sheeted for the aforesaid offence.