JAGDISH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) ACCUSED Jagdish s/o Tukaram Telang being dissatisfied with the order of conviction and sentence passed by Second Additional Sessions Judge, Yavatmal, dated 21 -7 -2000 in Sessions Case No. 108/99 convicting the appellant for the offence punishable under Section 302 of Indian Penal Code and directing him to suffer imprisonment for life and to pay fine of Rs. 1000/ -, in default of payment of fine R.I. for 6 months and also convicting the appellant for the offence punishable under Section 380 of Indian Penal Code and directing him to suffer R.I. for two years and to pay fine of Rs. 500/ -, in default of fine R.I. for one month, filed present appeal.

(2.) THE facts in nutshell leading to the present appeal are that ; Complainant PW -1 - '' Govind Pandurang Jadhaw was serving as Engineer in Irrigation Department at Yavatmal in the year 1999 and was residing in rented premises at Bele Layout, Yavatma, belonging to one Madhykar Zade, along with his wife Nalini and two sons namely Aniket, aged about 4 years and Paritosh, aged about 2 years. PW -1 purchased a plot at Tukdoji Layout, which is adjacent to Bele Layout and the construction on the said plot was in progress in the month of February 1999.

(3.) THE appellant/accused was serving with the complainant on his construction work and used to visit the house of the complainant. He also resides at Yavatmal. On 22 -2 -1999, PW -10, to whom the investigation was handed over, visited the house of accused along with 2 panchas, took the house search and certain articles in respect of which theft is committed from the house of complainant is attached under Panchanama Exh. 29. On 25 -2 -1999, the accused took Panchas and Police to the shop of one Lashkare Jewellers from Yavatmal from where two ear -rings were attached by the police at the instance of accused under Panchanama -Exh. 32. On 26 -2 -1999 the attached articles from the house of accused under Panchanama Exh. 29 were mixed in certain articles and identification parade of articles was held in presence of Panchas. Panchanama to that effect is prepared at Exh. 34. The clothes which were on the person of the accused were attached under Exh. 52. PW -10, PI who was incharge of investigation of the above crime made a query to the Medical Officer by letter Exh. 51 as to whether the death of Nalini is on account of strangulation by rope. The Medical Officer has accordingly given opinion Exh. 47 and vide Exh. 46 informed that death is due to strangulation and strangulation is possible by rope as per query made by Investigating Officer. On 9 -3 -1999 the investigation was handed over to PW -7 Martand Patil. P.I., who accordingly referred the attached articles to C.A., the office copy of letter is at Exhs. 40 & 41. After completing investigation, PW -7 submitted charge -sheet against the accused for the offences punishable under Sections 302 and 380 of Indian Penal Code.