SUDAM YAMAJI BHALEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Appeal under Sec. 374 (2) of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.') is directed against the judgment and Order dtd. 21/10/2021, passed by the learned Additional Sessions Judge, Aurangabad in Sessions Case No.193 of 2018, convicting the Appellant for the offence punishable under Sec. 302 of the Indian Penal Code (hereinafter referred to as the 'I.P.C.') and sentencing him to suffer Rigorous Imprisonment for Life and to pay fine of Rs.20,000.00 (Rs.Twenty Thousand Only), in default, to suffer Rigorous Imprisonment for 06 (six) months.

(2.) Prosecution's case, as revealed from the Police Report, is as under :

(3.) During the investigation, the Spot Panchanama was carried, the statements of witnesses were recorded, on the requisition by the Investigating Officer the Special Judicial Magistrate recorded the statement of Deceased on 7/2/2018 after ascertaining her fitness to give the statement. Deceased succumbed to the injuries on 11/2/2018. The Inquest was done and the body was referred for Post-mortem. On conducting the Post-mortem, the cause of death was revealed as "Septicemia due to Burns". Sec. 302 was added to the crime. The Appellant was also admitted to the hospital as he suffered the burn injuries. The Appellant came to be arrested. The Articles seized during the investigation were referred for chemical analysis. The medical papers were collected and on completion of the investigation, the Appellant came to be Charge sheeted.