DHONDIRAM SUBHASH CHAUDHARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal takes exception to the judgment passed in Sessions Case No. 22 of 2011 by the Additional Sessions Judge, Udgir, convicting the appellant for the offence punishable under section 304 Part I of the Indian Penal Code and sentencing to suffer rigorous imprisonment for ten years and to pay fine of Rs. 2000/-, in default, to suffer rigorous imprisonment for one year. Original accused Nos. 2 and 3, who are parents of the appellant are acquitted of the offence. In brief the case of prosecution can be stated as follows:--

(2.) According to the case of prosecution, some operation was performed on the injuries sustained by Suresh in Udgir and for better treatment, he was referred to the Government Hospital, Latur, where on 26.12.2010 his statement was recorded by P.W. 8-Narayan Ranazunjare, A.S.I. Gandhi Chowk Police Station, Latur and further statement is recorded on 27.12.2012 by P.W. 7-Vilas Jogdand, Nayab Tahsildar, Latur.

(3.) During the course of investigation of the crime, spot panchanama was prepared but nothing incriminating was found on the spot. On 26.11.2010 itself at 6.00 p.m. the appellant came to be arrested while co-accused came to be arrested on the following day. During the course of interrogation the appellant's memorandum statement came to be recorded, according to which he has expressed his willingness to recover the knife concealed by him in his house, which came to be reduced into writing and in pursuance of the same, the investigating officer attached one knife at the instance of the appellant from his house which was found concealed on the roof of his house.