STATE OF MAHARASHTRA Vs. MANISHA MAHESH SOHONI

JUDGEMENT

(1.) TAKING exception to the respondent's acquittal for offences punishable under sections 302, 201, 203 of the Indian Penal Code by the learned additional Sessions Judge, Pune, the State has appealed.

(2.) THE prosecution arises out of an unusual story. Accused is sister of the victim. Victim Pravin Damodar Torwekar was addicted to liquor. He used to stay in the same house with accused Manisha. There used to be quarrels between the accused and the victim on account of victim's improper conduct. On 11-1-1998, at about 11. 30 p. m. , the deceased came home drunk and had a quarrel with the accused. The accused lifted a grinding stone and hit the victim on his head 3/4 times, killing him on the spot. Next day, the victim's body was seen by the victim's mother Shaila who was asked on telephone by the accused to meet the accused at the Office where the accused was working. Accused made it appear as if the body was noticed for the first time by Shaila and then gave a report to the police.

(3.) POLICE registered an offence, performed inquest on the dead body and sent it for post-mortem examination, which revealed that the victim had sustained as many as 23 antemortem surface wounds. Police also performed panchanama of the spot, seized incriminating articles, interrogated the accused, seized grinding stone and a gown, sent the articles seized to Forensic science Laboratory, recorded the statements of witnesses and, on completion of evidence, sent a charge-sheet to the learned judicial Magistrate, First Class, Pimpri who committed the case to the Court of Sessions at Pune.