DEVENDRA Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants-original accused nos. 1 and 2 who stand convicted for offence punishable under section 302 read with section 34 of the Indian Penal Code and who are sentenced to undergo imprisonment for life and to pay fine of Rs.1000/- each and in default of payment of fine suffer R.I. for 1 year by the Additional Sessions Judge, Pune in Sessions Case No.337 of 2008, by this appeal question the correctness of their conviction and sentence. Facts as necessary for decision of this appeal may briefly be stated thus :

(2.) PW 16-Satish Shankarrao Patil, Police Inspector, attached to the Haveli Police Station was on duty on 17th January 2008. PI -Satish was informed by Head Constable Modak on telephone that there was a murder opposite Dnyanganga Society, Vadgaon-Budruk, Near Khandoba Mandir in the field of one Balasaheb Jadhav. PI- Satish therefore, went to the spot and noticed a dead body which was identified by the brother of the deceased who was present at the spot to be of Vijay Suryavanshi. An inquest panchanama at Exhibit 97 was recorded in the presence of panchas. The dead body was thereafter sent for post mortem. A spot panchanama at Exhibit 71 was recorded in the presence of the panchas. Samples of simple mud, blood stained mud, hairs and a piece of tile were seized from the spot. After the post mortem, clothes of the deceased were seized as per panchanama at Exhibit 98. PW 16-Satish Shankarrao Patil thereafter undertook the investigation. Statements of PW 3-Kantiram alias Chandrakant Vithoba Jadhav at Exhibit 99, that of PW 4-Prakash Gulab Pawar at Exhibit 100 came to be recorded. On 18.1.2008 statements of other witnesses were recorded. Statement of one Ananta Subhash Shigwan came to be recorded by PI-Satish who disclosed names of the accused to have committed the crime. This witness expired before he could be examined. On 19.1.2008 statement of PW 13-Ashok Baburao Shewale who was an eye witness came to be recorded.

(3.) Dr Ajay Aniruddha Taware - PW 15 Medical Officer attached to the Sasoon Hospital, Pune on 17.1.2008 conducted post mortem on the dead body of deceased Vijay. Dr.Ajay noticed the following seven external injuries: