LAXMAN VITHAL GAWANDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal takes an exception to the judgment and order of conviction dated 25-04-1996 passed by the learned Sessions Judge, whereby the appellant/ accused has been convicted of the offence punishable under Section 304, Part I of Indian penal Code and sentenced to suffer rigorous imprisonment for ten years and to pay a fine of rs. 100/-, in default to suffer rigorous imprisonment for one month.

(2.) Brief facts are required to be stated as under :

(3.) Dr. Mohite (P. W. 7) had effected autopsy on the dead body of Wasudeo on 29- 04-1995 in between 1-30 p. m. to 2-30 p. m. and found as many as three incised wounds which are described in col. no. 17 of the post mortem report. Dr. Mohite opined that the probable cause of death was acute haemorrhagic shock due to injury to heart. Dr. Mohite had also examined Kisnabai, who is the mother of the deceased, and found some injuries on her person as mentioned in the injury certificate (Ex. 42). Dr. Mohite also found some injuries present on the person of the accused as mentioned in the medical certificate (Ex. 41). The Investigating officer recorded the statements of the witnesses including that of Vasant (P. W. 4) , arvind Thakre (P. W. 5) and Kokilabai (P. W. 6). On completion of investigation, charge-sheet against the accused was filed in the Court of j. M. F. C.