APPASAHEB AND ORS. Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellants, who stand convicted for the offence punishable under Section 302 read with 34 of the Indian Penal Code and sentenced to suffer life imprisonment and to pay fine of Rs. 5,000/ -each in default to suffer rigorous imprisonment for two years, by the Sessions Judge, Sangli, by judgment dated 2nd July, 2007, in Session Case No. 220 of 2005, by this appeal challenge their conviction and sentence.

(2.) THE facts, as are necessary for deciding this appeal, may be stated, in brief as under: - -

(3.) ON 16.5.2005, police constable Patel produced clothes of the deceased, which P.W.10 PI Khade seized under panchanma Exh. 27. On 17.5.2005, PI Khade, succeeded in arresting the appellant Nos. 1 and 2 at about 5.40 p.m. under panchanama. During police custody, on 21.5.2005 the appellant No. 1 expressed his willingness to produce the weapon of assault scythe and the clothes which he was wearing at the time of incident. His statement was reduced to memorandum panchnama Exh. 20, in presence of panch P.W.5 Wahab Mulla. Thereafter the appellant No. 1 guided the police and panchas to the cattle shed adjacent to his house and produced the scythe Article No. 14, his T -shirt Article No. 15 and pointed out Article 16 his pant with blood stains thereon. All these three Articles were seized under the same panchanama Exh. 28.