MAHAVEER Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is filed challenging the judgment and order passed by the Additional Sessions Judge1, Beed in Sessions Case No. 90 of 2009 on 16/02/2010. The appellant herein, is the accused, who is convicted for the offence punishable under Section 302 of the Indian Penal Code and is sentenced to undergo imprisonment for life and to pay fine of Rs.300/. In default of payment of fine, he shall undergo further rigorous imprisonment for three months.

(2.) The prosecution case, in nutshell, is as under :

(3.) In order to substantiate the allegation, the prosecution has examined in all sixteen witnesses. Out of sixteen witnesses, PW1 Kashibai Munjaji Dhabale (Exhibit30) is mother of deceased whereas PW2 Munjaji Limbaji Dhabale (Exhibit31) is the father of deceased. PW3 Prathiviraj Premraj Abbad (Exhibit32) is a witness on panchnama of place of incident (Exhibit33). PW4 Rukhmini Namdeo Kaiwade (Exhibit35) is the previous landlady in whose house accused was residing prior to the incident. PW5 Krushna Vasant Upare (Exhibit36) is the landlord of the accused in whose rented house, the accused shifted his household articles on 19/04/2009. PW6 Chaya Rajendra Bedarkar (Exhibit40), PW7 Satish Bhimashankar Bedarkar (Exhibit41) and PW8 Ankush Rambhau Bagde (Exhibit42) are the new neighbourers of the accused i.e., tenants residing in the house of Krushna Vasant Upare. PW10 Dr. Pratibha Rangnath Ambad (Exhibit56) is the Medical Officer, who performed post mortem on the dead body of Pournima. PW11 Sayyad Imtiyaj Iqbal (Exhibit59) is the witness on memorandum and panchnama (Exhibit60 and 61) whereby it is alleged that, the clothes and Scissor was seized in consequence of the information given by accused. PW12 Anil Mahadeo Andhale (Exhibit62) is the police constable who recorded the statement of accused. PW13 Bhausaheb Ramrao Sirsat (Exhibit64) is the police head constable B.No. 889 who registered crime. PW15 Dr. Vishwas Baliram Gavte (Exhibit75) is the medical officer who proved injury certificate in respect of accused (Exhibit76). PW16 Madhav Namdeo Mane (Exhibit77) is the carrier who took articles to C.A. Aurangabad with forwarding letters (Exhibits70 and 71). PW9 Rameshwar Saudagar Tat (Exhibit43) and PW14 Angad Dnyanoba Sudke (Exhibit65) are the Investigating Officers.