DNYANESHWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal takes exception to the judgment dated 20/12/2004 passed in Sessions Trial No. 104/2000 by the learned Additional Sessions Judge, Pusad, vide which the appellant/accused viz. Dnyaneshwar @ Nana Kashinath Jumade was convicted for the offence punishable under Sections 498 -A of the Indian Penal Code and was sentenced to suffer rigorous imprisonment for three years and to pay fine of Rs. 3,000/ -, in default to suffer rigorous imprisonment for one year, and he was also convicted for the offence punishable under Section 304 -B of the Indian Penal Code and was also sentenced to suffer rigorous imprisonment for life.

(2.) CASE of the prosecution can be briefly stated as under :

(3.) ON the strength of information of death of deceased received from the Medical Officer, Government Hospital by PW -6 Chandansingh Bais, Police Inspector, A.D. No. 26/2000 was registered by him at [Exh. 25] and investigated the same. During the course of which, he visited the hospital and drew inquest -panchnama [Exh. 28] in presence of the panchas and sent dead body of deceased Vandana for postmortem, of which postmortem report is issued by the Medical Officer at [Exh. 29]. He then visited the spot, which was in the house of PW -4 Dr. Yadavrao, drew spot -panchnama [Exh. 50] and seized ash, plastic can containing kerosene, one match sticks box and one burn match stick from the spot under seizure -panchnama [Exh. 51].