VISHNU SHRIHARI KSHIRSAGAR Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Appeal is directed against the Judgment in Sessions Case No. 23 of 2006 delivered by the Additional Sessions Judge, Sindhudurg at Oros, thereby convicting Appellant for the offences punishable under Sections 302 and 201 of the IPC and sentencing him to suffer life imprisonment for the offence punishable under Section 302 of the IPC, with no separate sentence for the offence punishable under Section 201 of the IPC.

(2.) Facts, as are necessary, for deciding this Appeal may be stated thus:-

(3.) The enquiry of the said Missing Case No. 3 of 2006 was handed over to PW-15 ASI Dayasingh Thakur. In the course of enquiry, the Appellant was found and thereafter, at his instance, the dead body of Manisha was recovered from the forest in Insuli Ghat Section. The said dead body was identified by her brother PW-5 Prakash and after the Inquest Panchanama (Exhibit-19), it was referred for postmortem examination to Primary Health Center at Banda. However, the body was decomposed to such an extent that the postmortem could not be performed and a certificate to that effect came to be issued by PW-10 Dr. Jyoti Kamble, the Medical Officer attached to Primary Health Center at Banda, vide Exhibit-41, expressing her inability to state the probable cause of death.