KRISHNA NARAYAN PARDHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant who stands convicted for the offence punishable under sections 302, 376, 366-A and 506 of the Indian Penal Code, and sentenced to imprisonment for life and to pay fine of Rs. 1000/- and in default of payment of fine to suffer simple imprisonment for one month, R.I. for 10 years and to pay fine of Rs. 1000/- and in default of which to suffer simple imprisonment for one month, and R.I. of 5 years and to pay fine of Rs. 500/- in default of which to suffer simple imprisonment for one month, and R.I. for one year with a directions that all the sentences shall run concurrently, by the Adhoc District Judge and Additional Sessions Judge, Kalyan by Judgment dated 2nd July, 2014 in Sessions Case No. 207 of 2012, by this appeal questions the correctness of his conviction and sentence.

(2.) PW 1 - Babulal Ahire Police Head constable was attached to Tokawade police station when on 8th April, 2010 Waman Pardhi - Police Patil gave information that one girl by name Sujata Shelkande age about 10 to 12 years is lying dead at the side of the well. PW 1 - Babulal Ahire received this information and A.D.R. No. 4/10 was registered. PW 1 Babulal along with police staff visited the spot of incident which was at Rampur village. Parents of the deceased had brought the dead body to their house considering it to be an accidental death. PW 1-Babulal visited the house of the deceased and prepared an inquest panchanama in presence of two panch witnesses. Scratch marks on both cheeks was noticed on the body of the deceased and it was seen that face of the deceased was blackish. Neck of the deceased was swollen. Private parts were examined by a lady panch and were noticed to be swollen. An inquest panchanama to this effect was prepared which is at Exhibit 8. Thereafter spot panchanama at Exhibit 9 was prepared which was a spot near a well where the dead body was lying. The spot was shown by the Police Patil. A rough sketch of the spot of the incident was prepared and was annexed to the spot panchanama. PW 1 thereafter along with police constable Tambe sent the dead body for post-mortem to the Primary Health Centre, Rural Hospital, Tokawade. A report to that effect is at Exhibit 10. The dead body was thereafter sent to Murbad from Rural Hospital Tokawade for post-mortem.

(3.) Prosecution examined P.W.15-Dr. Pralhad Rajendra Puri, Medical Officer attached to the Rural Hospital, Murbad, who on 8-4-2010 performed post-mortem examination. He along with Dr. Sanjay Khandekar had performed the post-mortem examination on deceased Sujata. Dr. Pralhad found that the clothes of the deceased were soiled with blood. He noticed sub conjuctival haemorrhage in both eyes with froth oozing through nostrils and noticed the following injuries on the body of the deceased :-