NARESH BHALCHANDRA SAWANT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant / original accused No.1 who stands convicted for an offence punishable under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and to pay fine of Rs.2,000/- in default to undergo rigorous imprisonment for six months, by the Sessions Judge, Sindhudurg, Oros, by judgment dated 17 December 2007, in Sessions Case No. 21 of 2007, by this Appeal questions the correctness of his conviction and sentence.

(2.) Facts in brief as are necessary for the decision of this Appeal may briefly be stated thus :

(3.) P.W. 12 P.S.I. Krishna Kalantre, who was attached to Police Station, Achara, had received the papers from P.W. 11 Police Constable Nandkumar Gosavi on 2 April 2007 at about 1.00 a.m. On the basis of the report of P.W.1 Chandrakala, he registered an offence under Section 302 read with 34 of the Indian Penal Code vide Crime No.1 of 2007 against accused Nos.1 to 4. He thereafter proceeded to the scene of incident. On going to the scene of incident, which was pointed out by P.W. 1 Chandrakala, he drew the scene of incident Panchanama in the presence of panchas at Exhibit 32. From the scene of incident, he drew the sample of bloodstains which were sealed and seized under the said Panchanama. From the scene of incident he thereafter proceeded to the Rural Hospital at Malwan where the dead body of deceased Chandrashekhar was kept in the mortuary. In the presence of panchas, therefore he drew an inquest Panchanama of the deceased at Exhibit 29. Accused Nos.1 to 4 were arrested at village Achara under the arrest Panchanama and were referred to the Rural Hospital, Malwan for medical examination.