APPASAHEB MALAPPA GURAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant / original accused has questioned the correctness of the judgment and order dated 28 November 2006 passed by the Learned Additional Sessions Judge, Gadhinglaj, District Kolhapur, thereby convicting him for offence punishable under Sections 302 and 506 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay fine of Rs.1,000/-, in default of which to undergo further rigorous imprisonment for six months. The Learned Trial Court has further convicted the Appellant for an offence under Section 506 of the Indian Penal Code, thereby sentencing him to suffer rigorous imprisonment for two years and to pay fine of Rs.500/- , in default of which to further undergo rigorous imprisonment for three months.

(2.) The facts in brief which emerged from the record and which are necessary for deciding the present Appeal can be summarized thus :

(3.) P.W.11 Dr. Pravin Naik was then the Medical Officer attached to C.P.R. Hospital, Kolhapur and on 10 June 204 he along with Dr. Sangita Chunkikar conducted the postmortem examination on the dead body of Laxmi Appasaheb Gurav. During the postmortem examination, he noticed 60% superficial to deep burn injuries as per the diagram mentioned in column No.17 of the postmortem notes and it was associated with scattered pus all over and had a foul smell. During the internal examination he noticed as under :