RAMU SOMA PAWAR Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant, who stands convicted by the Additional Sessions Judge, Thane, by his judgment dated 7th January, 1998, in Session Case No. 15 of 1993, for the offences punishable under Section 302 and 452 of the Indian Penal Code and sentenced to suffer imprisonment for life and to pay fine of Rs.5,000/ - in default to suffer rigorous imprisonment, on the first count, and rigorous imprisonment for two years and to pay fine of Rs.300/ - in default to suffer rigorous imprisonment for one month on the second count, by this appeal challenges his conviction and sentence.

(2.) FACTS , as are necessary for deciding this appeal, may be stated as under : -

(3.) ON the next day P.W.7 PSI Bandgar has recorded statements of six more witnesses, including P.W.6 Raghunath Bhoye. During police custody, appellant expressed his willingness to show the spot where he has concealed the weapon of assault - the sickle. His statement was reduced to memorandum panchanama Exh.20 in the presence of P.W.4 Panch Prabhakar. Thereafter the appellant guided P.W.7 PSI Bandgar and P.W.4 Panch Prabhakar to village Kudus and he produced one sickle from the bushes. The blade of the said sickle was stained with blood. It was seized under panchanama Exh.20A. P.W.7 PSI Bandgar has sent all the seized articles to Chemical Analyzer on 17.6.1992 vide his requisition letter Exh.29. The CA reports are produced on record at Exh. Nos. 22 and 23. Meanwhile after the postmortem on the dead body was conducted by P.W.8 Dr. Deshpande, the postmortem report Exh.12 was received on 10.8.1992. Hence further to completion of investigation, P.W.7 PSI Bandgar, has submitted chargesheet in the Court against the appellant.