ASHOK RAMBHAN GAIKWAD 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 a fine of Rs.500/- in default of which to under go rigorous imprisonment for three months, by the II Ad hoc Additional Sessions Judge, Nashik, by a judgment dated 5 November 2004, in Sessions Case No.69 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 P.S.I. Balasaheb Hire who on 8 January 2004 was attached to the Panchavati Police Station, was entrusted with the investigation of Crime No.9 of 2004. On being entrusted with the investigation, P.W.8 P.S.I. Hire proceeded to the scene of the incident and in the presence of the panchas drew the scene of the incident panchanama. From the scene of the incident, he seized one wooden dumbbell, a log of wood resembling a cricket bat and some clothes having blood stains. He recorded the statement of one Poonam and arrested the accused. The clothes on the person of the accused were seized under the arrest panchanama Exhibit 20. The clothes of the deceased were seized under seizure memo at Exhibit 25. The seized clothes were thereafter forwarded to the Chemical Analyzer along with the requisition Exhibit 28. Further to the completion of investigation, a charge-sheet against the Appellant was filed.