LAWS(BOM)-2015-7-237

GAJANAN Vs. THE STATE OF MAHARASHTRA

Decided On July 10, 2015
GAJANAN Appellant
V/S
THE STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) THE appellant who stands convicted for offence punishable under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and to pay a fine of Rs. 1,000/ - and in default of which to undergo further R.I. for three months by the learned Additional Sessions Judge, Achalpur by judgment and order dated 31.8.2013 & 2.9.2013 in Sessions Trial No. 45/11 by which the appellant questions the correctness of his conviction and sentence.

(2.) THE facts as are necessary for the decision of this appeal may briefly be stated thus: - -

(3.) PW .10 PSI Maroti Jagtap, who was attached to the Chandur Bazar Police Station was entrusted with the investigation of Crime No. 45/11 under Section 307 of the Indian Penal Code. He visited Bramhanwada village where the accused was residing and accordingly arrested the appellant. He recorded the statements of witnesses. The clothes of the appellant were seized in the presence of panchas under seizure -memo at Exh. 41. An intimation was received that injured Pratibha had succumbed to her injuries on 16.3.2011 and accordingly Section 302 of Indian Penal Code was added. The seized articles were forwarded to the Chemical Analyser under requisition at Exh. 43. Further to the completion of the investigation, a charge -sheet against the appellant was filed.