SHAFI BALA RAIS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant herein is convicted for the offence punishable under Section 307 read with Section 34 of Indian Penal Code and is sentenced to suffer R.I. for five years and to pay fine of Rs. 2,000/- in default further R.I. for six months in Sessions Case No. 123 of 1982 by 3rd Addl. Sessions Judge, Thane vide judgment and order dated 14.6.1995. Hence, this appeal. Such of the facts, necessary for the decision of this appeal, are as follows:-

(2.) Investigation was set in motion. P.I. Yadav proceeded to the spot and recorded the spot panchnama which is at Exhibit 56. He noticed that a knife was lying on the spot which was seized under a panchnama and description of the same is given in the panchnama at Exhibit 56. Police Naik Ragho Patil had brought the present appellant-accused before P.I. Yadav. The accused-appellant was holding a blood-stained knife which was attached under Exhibit 52.

(3.) On 22.7.1980, statement of injured Pralhad was recorded by PSI Lute. On 27.7.1980, accused No. 3 was arrested. On 1.8.1980, the original accused No. 3 made a disclosure statement on the basis of which the blade of knife was recovered under a panchnama at Ex.38. On 7.8.1980, charge-sheet was filed in the Court of J.M.F.C, Ulhasnagar. The original accused No. 3 had absconded. By an order dated 12.3.1981, the case against the accused No. 3 was separated. Charge was framed against the present appellant for the offences punishable under Section 307 read with Section 34 of IPC. Accused Ramesh Chavan had expired during the pendency of the trial. Hence, the trial proceeded against the present appellant.