NITESH Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE Appellant, who stands convicted for the offence punishable under Section 302 of the IPC and sentenced to suffer imprisonment for life and to pay fine of Rs. 5,000/ -, in default to suffer R.I. for four months, by the Additional Sessions Judge, Greater Bombay by Judgment dated 11th September, 2006 in Sessions Case No. 396 of 2002, by this Appeal challenges his conviction and sentence.

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

(3.) DURING Police custody on 19th January, 2002, both the Accused were referred to Nagpada Police Hospital for collecting blood samples along with requisition letter (Exhibit -49). On 23rd January, 2002, during interrogation, present Appellant/Accused expressed his willingness to show the place where he has concealed the weapon of assault, the knife. His statement was reduced to Memorandum Panchanama (Exhibit -39) in the presence of the Panch PW -7 Vijay Kasale. The Appellant then guided the Police and Panch to his house and from the house he produced the knife, which was kept behind the rack of utensils. The said knife was seized under Panchanama (Exhibit -40).