FATHER PETER PAUL ANTONY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this Criminal Revision, the applicant takes exception to the judgment and order dated 27th of December, 2005, passed by the learned Additional Sessions Judge, Buldana in Criminal Appeal No. 41 of 2002, dismissing the same and thus confirming the judgment and order dated 31st of October, 2002 passed by learned Assistant Sessions Judge, Buldana convicting the applicant for the offence punishable under Section 305 of the Indian Penal Code and sentencing to suffer rigorous imprisonment for three years and to pay a fine of Rs. 5000/-, in default to suffer R.I. for one year. Prosecution case can briefly be stated as follows-

(2.) On the basis of M.L.C. report, A.D. No. 112 of 2000 was registered under Section 174 of the Criminal Procedure Code. During the course of its investigation, inquest panchanama came to be prepared and dead body was sent for autopsy. As per the post mortem note, cause of death of deceased was certified as poisoning and viscera was preserved for chemical analyzer.

(3.) It is the case of prosecution that, thereafter, on 15th of December, 2000, in the evening, complainant - father of the deceased, received one envelope on the address of his dispensary, containing a letter of deceased Tarun to his parents, and marked on record as Article 'B'. On receipt of this letter, on 18th of December, 2000 report came to be lodged vide Exh. 52, on the basis of which offence came to be registered vide Crime No. 185 of 2000 for the offence punishable under Sections 305 and 306 of the Indian Penal Code and was further investigated, during the course of which, two note-books of deceased Tarun were seized vide Exh. 60. Article 'B', letter, came to be seized. On completion of investigation, charge-sheet came to be filed in the court of Judicial Magistrate (F.C.), Buldana.