BALASAHEB SUKHDEV NAVLIKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant 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.1,000/- in default of which to undergo further rigorous imprisonment for one month, by the 3rd Additional Sessions Judge, Kolhapur, by judgment dated 2 February 2006 in Sessions Case No.180 of 2004, 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.8 Vinod Satav who was also attached to the Laxmipuri Police Station was entrusted with the investigation of Crime No.68 of 2004 and accordingly proceeded to the scene of incident. He noticed the dead body of the deceased Dipali lying on the first floor of the house in a room. In the presence of the punch witness an inquest panchanama of the dead body of deceased Dipali was drawn at Exhibit 11. Photographs of the dead body and the scene of incident were also taken. The said photographs are at Exhibits 31 to 40. The scene of the offence panchanama was thereafter drawn at Exhibit 14. From the scene of incident one bloodstained knife, a mobile handset, two bloodstained bed sheets came to be seized. The bloodstained clothes on the person of the accused viz. a sweater and his clothes were seized under the arrest panchanama at Exhibit 17. The accused / appellant had sustained injury between the thumb and index finger and accordingly he was referred for examination to the Medical Officer. P.W.6 Dr. Mahindra Falke examined the Appellant and noticed abrasions between the right thumb and right index finger. The Medical Certificate is at Exhibit 28. The clothes of the deceased were seized under seizure panchanama at Exhibit 12. The seized property was thereafter referred to the Chemical Analyzer under acquisition at Exhibit 43. Statements of witnesses were recorded and further to the completion of investigation, a charge-sheet against the Appellant was submitted.