NATTHU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant was prosecuted for the offence punishable under Section 302 of the Indian Penal Code ('IPC' for short) in Sessions Case No.127/1999 on the file of the learned Additional Sessions Judge, Achalpur. By a judgment dated 2.8.2000, the appellant came to be convicted for the offence as charged and has been sentenced to suffer imprisonment for life and to pay a fine of Rs.200/, in default to suffer further rigorous imprisonment for one month. Feeling aggrieved, the appellant has come up in appeal.

(2.) The prosecution case may be briefly stated thus :

(3.) On the basis of a report lodged by the deceased at Police Station, Paratwada, an offence came to be registered as per F.I.R. Exh. 42 initially u/s 307 of IPC, which was subsequently converted to one u/s 302 of IPC on death of Rajendra Shinde. During the course of investigation, a spot panchanama of the scene of occurrence was recorded. The investigating officer recorded the statements of the witnesses. It is said that the appellant took to his heels and was absconding and was eventually arrested on 12.8.1999. While in custody, the appellant gave a confessional statement offering to produce the knife. Accordingly, he led the police and panchas to the hut of one Shankar situated near Lalpul and produced a knife, which was accordingly sealed and seized. The clothes of the deceased as well as that of PW4 Manohar, the weapon used, as also the sample earth and earth smeared with blood was seized from the spot of occurrence. The seized articles were sent for the report of the Chemical Analyser. On completion of investigation, a chargesheet came to be filed in the Court of Judicial Magistrate, First Class at Achalpur, which was committed to the Court of Sessions.