KAMLESH NARAYAN DUBEY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal challenging the judgment and order of the Additional Sessions Judge, Nagpur in Sessions Trial No.39/2018 (State Vs. Kamlesh Dube and Others) thereby questioning the legality of judgment and order of convicting both the appellants under Sec. 235(2) of the Code of Criminal Procedure for the offence punishable under Sec. 302 read with Sec. 34 of the Indian Penal Code, and sentencing both of them for life imprisonment alongwith fine of Rs.5000.00 in default to suffer 3 months imprisonment.

(2.) The facts in short are as under :

(3.) Police visited the spot of incident and carried Spot Panchanama. At the time of drawing Spot Panchanama, the dead body was lying on the spot, which was latter sent for the postmortem. The Inquest Panchanama was drawn followed by the postmortem. Statement of witnesses were recorded and after completion of the investigation, charge-sheet has been filed before the Judicial Magistrate First Class, Court No.1, Nagpur. The case was committed to the Court of Sessions. The charge was framed against the accused for the offence punishable under Sec. 302 read with Sec. 34 of the Indian Penal Code, Ss. 4 read with Sec. 25 of the Arms Act, and Sec. 135 of the Maharashtra Police Act. The accused have denied the guilt.