DATTA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Feeling aggrieved by the Judgment and Order of conviction passed by the learned Ad Hoc Additional Sessions Judge, Latur dated 25th July, 2011 in Sessions Case No.92 Of 2010, by which the Court below convicted the appellant for the offence punishable U/Section 302 of the Indian Penal Code, 1860 ( In short, the I.P.Code ) and directed that the appellant should suffer imprisonment for life and to pay fine of Rs.3000/- and in default payment of fine, he was further directed to undergo rigorous imprisonment for six months, the appellant has approached before this Court.

(2.) The prosecution case is in very narrow compass and the same is given as under :-

(3.) Crime No. 101 Of 2010 came to be registered with Gandhi Chowk Police Station, Latur against the appellant for the offence punishable U/Section/s 307, 498(A) of the I.P.Code. The investigation was entrusted to PW 13 P.S.I. Dnyaneshwar Dongare. During the course of investigation, he visited the spot of incidence, he prepared spot-panchnama Exh.No. 23. The appellant was arrested on 11th May, 2010. According to P.W.13 Dnyaneshwar Dhongare, at the time of his arrest, one T-shirt and one full pant was seized under the seizure panchnama Exh.No.48. During her medical treatment, Kavita died and, therefore, offence was converted into offence punishable U/Section/s 302, 498(A) of the I.P.Code.