UMESH JAGNU SARJARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant, who stands convicted for the offence punishable under Section 302 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for life and to pay fine of Rs.500/ - in default to suffer rigorous imprisonment for 15 days, by judgment and order dated 29.3.2008, in Sessions Case No.342 of 2006, of Additional Sessions Judge, Pune, by this appeal, challenges his conviction and sentence.

(2.) Brief facts, as are necessary for deciding this appeal, can be stated as follows : - P. W. 2 Nasir Khan is running Maharashtra Scrap Centre at Chandanwadi, Pune. In the year 2006, the appellant, deceased Bablu and P.W.5 Raju Rajput, were working in his shop. On 4.4.2006 at about 6.45 a.m., the appellant came to his house and confessed to him that he has committed serious mistake. On enquiries, as to which mistake he has committed, the appellant informed him that there was quarrel between him and the deceased Bablu on that night at about 12.30, on the issue of who will cook the food and in the said quarrel, he had cut the throat of the deceased with knife and assaulted the deceased with stone on his head. The appellant requested P.W.2 Nasir to save him or to give some money so that he can go to his native place. P.W.2 Nasir, assured to save him and made him wait at his house. Then without the knowledge of appellant P.W.2 Nasir went to Shiv Rana Pratap Police Chowky and gave information of whatever the appellant has confessed before him. The police accompanied him to his house and then alongwith the appellant they went to the scrap material shop of P.W.2 Nasir. There the appellant showed place which was near godown outside the tin shade. The dead body of Bablu was lying on the handcart which was without wheels. All of them then went to police chowky again and there complaint of P.W.2 Nasir Khan was recorded by P.W.6 PSI Naikwade vide Exh.26.

(3.) On his complaint C.R.No.138 of 2006 was registered against the appellant for the offence punishable under Section 302 of IPC. During the course of investigation, appellant was arrested on the same day. The spot panchanama Exh.22 was made in the presence of P.W. 1 panch Bashir Khan. From the spot, blood stained stone and the piece of wooden frame with blood stains thereon were seized. After the inquest panchanama, the dead body was sent for postmortem. P. W.7 Dr. Milind Wabale of Sasson Hospital conducted autopsy on the same day and opined that the cause of death was traumatic and haemorrhage shock as a result of cut throat injury associated with blunt injury on the head. The postmortem report is produced at Exh.52.