GAJANAN ALIAS BABARAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal takes exception to the judgment and order dated 22-1-1999 passed by the learned Additional Sessions Judge, Akola in Sessions Trial No. 125/95, by which the appellants are held guilty for the offence punishable under Section 304 Part-II read with Section 34 of the Indian Penal Code and are sentenced to suffer rigorous imprisonment for five years each and to pay a fine of Rs. 2,000/- each, in default to suffer rigorous imprisonment for two years. The prosecution case can be briefly stated as under-

(2.) P.W. 1 Ganesh thereafter returned back and informed said fact to Shriram Durge, who in turn informed P.W. 1 Ganesh to visit police station and lodged a report as there was no other male member in their family while Shriram Durge was unable to move due to old age. P.W. 1 Ganesh accordingly visited Akot File Police Station, at Akola and lodged his report vide Exhibit 63. It was recorded by P.W. 15 Mahadeo Dongre, ASI and on the basis of same registered offence vide Crime No. 119/94 punishable under Section 302 of the Indian Penal Code. Said crime was further investigated by PSI Thakur, who died during the pendency of trial.

(3.) According to the case of prosecution, during the course of investigation, PSI Thakur along with his writer Police Constable P.W. 17 Bhagwat Kamble visited the spot of incident and had drew spot panchanama at Exhibit 66, inquest panchanama at Exhibit 67, seized articles from the spot vide seizure panchanama at Exhibit 68 and obtained photographs at Exhibit 96 to 103. The dead body was forwarded for Post-Mortem to Civil Hospital, Akola under requisition memo at Exhibit 41, upon which P.W. 13 Dr. Ranjit Patil on 20-10-1994 carried out Post-Mortem at Civil Hospital, Akola and issued Post-Mortem Report Exhibit 91.