GAJANAN BABURAO JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. Ghare, learned Counsel for the Appellant and Mrs. Dangre, learned Additional Public Prosecutor for the Respondent-State.

(2.) Criminal Appeal is directed against the Judgment and Order, dated 22nd november, 2000, passed by Additional sessions Judge, Akoia, in Sessions Trial no. 10 of 1997, whereby the Appellant-accused is convicted for the offence punishable under Section 302, Indian Penal code, and is sentenced to suffer Rigorous imprisonment for Life and to pay a fine of rs. 500/-, in default to suffer Rigorous imprisonment for one year. The circumstances, which have given rise to the prosecution of the appellant, in nutshell, are as follows :-

(3.) On 24th August, 1996, manikrao (P. W. 1) , Police Patil of village dalambi, lodged a report with Police Station, murtizapur, that on 23rd August, 1996 at about 7.30 p. m. , when he was present at his house, his son Rajendra came from murtizapur and informed him that the dead body of deceased Deepak was lying by the side of National Highway in Anbhora Shivar. On receiving the said information, P. W. 1 went to Ganpat (P. W. 8) , the father of the deceased, and informed him this fact. On the very day, ganpat and widow of the deceased, namely kamlabai (P. W. 9) went to the spot of incident and saw the dead body of deceased Deepak lying there. Some policemen were also present on the spot, who asked them to return to their home. In the morning of 24th August, 1996, manikrao (P. W. 1) went to Murtizapur Police station and gave report (Exh. 10) , on the basis of which Police registered Crime No. 240/1996 for the offence punishable under Section 302, Indian Penal Code.