LAWS(BOM)-2015-2-128

VIJAY PRABHAKAR DESALE Vs. THE STATE OF MAHARASHTRA

Decided On February 23, 2015
Vijay Prabhakar Desale Appellant
V/S
THE STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) The Appellant, who stands convicted for the offence punishable under Section 302 of the Indian Penal Code and sentenced to suffer imprisonment for life and to pay fine of Rs.1,000/-, in default to undergo further imprisonment for a period of two months, and further convicted for the offence punishable under Section 201 of the Indian Penal Code and sentenced to suffer R.I. for three years and to pay fine of Rs.500/-, in default to undergo further imprisonment of one month, by the Judgment dated 5th May, 2005 in Sessions Case No.138 of 2004, by the 3rd Ad-Hoc Additional Sessions Judge, Malegaon, by this Appeal, challenges his conviction and sentence.

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

(3.) On this information, A.D. No.15 of 2004 was registered. PW-7 ASI Shewale then went to the spot and conducted Inquest Panchanama (Exhibit-24). He sent dead body of Kamini to Wadia Hospital for postmortem examination. Thereafter, he conducted the Spot Panchanama (Exhibit-15) in the presence of the Panchas PW-3 Bapu Pawar and PW-4 Somnath Wadage. From the spot, he collected the plastic can without the lid, the match-box and some pieces of clothes.