RAMESH GAJADHAR TIWARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant/original accused No. 1 (hereinafter referred to as "accused No. 1") has preferred this appeal against his conviction for the offence punishable under section 302 of the Indian Penal Code (hereinafter referred to as "the IPC") and the consequent sentence of imprisonment for life and payment of fine of Rs. 5,000. 00 in default to undergo R. I. for one year, imposed upon him by the 8th Addl. Sessions Judge, Pune vide the impugned judgment and order dated 2-12-1992 passed in sessions Case No. 268 of 1991.

(2.) ). The brief facts of the prosecution case are as under:-

(3.) AFTER the committal of the case to the Court of sessions, the trial Court framed a charge under Section 302 r/w Section 34 of the IPC. There was, also charge for violation of Section 37 (1) r/w Section 135 of the bombay Police Act. The prosecution, in order to prove its case against the accused, examined in all eight witnesses. PW-2 Siddamma and PW-3 Ramnama were the two eye-witnesses to the said incident; PW-4 Ramesh Chavan was the panch in respect of the scene of offence, PW-5 tirupati. Valekar was the panch witness before whom the discovery statement was made by accused No. 1 and the panchnama relating to the recovery of the knife, said to have been discovered. PW-6 Suresh Rathod was the panch in respect of seizure of the clothes from the accused nos. 1 to 3. PW-1 Dr. Mazhar Khan was examined by the prosecution to prove the nature of the injury caused to the original accused No. 2. PW-7 Dr. Kaushik Durgesh was examined in order to prove the injuries suffered by the deceased. This witness was also examined to prove the post-mortem notes. PW-G was the investigating officer.