BABULAL AND ORS. Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS criminal appeal takes exception to the judgment and order dated 3/5/2002 passed by the learned Additional Sessions Judge, Khamgaon in Sessions Case No. 73/1996 whereby appellant/accused No. 1 is convicted for the offences punishable under Sections 302 and 201 of Indian Penal Code and sentenced to suffer life imprisonment and to pay fine of Rs. 5000/ - and in default of payment of fine, to suffer rigorous imprisonment for one year for the offence punishable under Section 302 of Indian Penal Code and on account of offence punishable under Section 201 of Indian Penal Code, is sentenced to suffer rigorous imprisonment for seven years and to pay fine of Rs. 500/ - and in default of payment of fine, to suffer rigorous imprisonment for two months. Appellant/accused No. 2 Madhukar is convicted for the offence punishable under Section 201 of Indian Penal Code and sentenced to suffer rigorous imprisonment for three years and to pay fine of Rs. 500/ - and in default of payment of fine, to suffer rigorous imprisonment for two months.

(2.) IN brief, it is the case of prosecution that on 14/5/1996 P.W. 12 Jeevansing lodged report (Exh. 30) in Shivaji Nagar Police Station, Khamgaon stating therein that one person was found lying dead beneath the bridge on Chikhali road. On the basis of the said report, offences punishable under Sections 302 and 201 of Indian Penal Code came to be registered vide Crime No. 36/1996 by P.W. 15 Ghuge, PSI attached to Shivaji Nagar Police Station. Said Police Officer accompanied by complainant Jivansingh visited the spot situated at Khamgaon -Chikhali road and found dead body and one handkerchief and pocket diary lying near it, which came to be seized under seizure panchanama (Exh. 41). Inquest panchanama came to be drawn vide Exh. 42 and he forwarded dead body for autopsy to Medical Officer under requisition memo (Exh. 43). Further investigation was carried out by P.W. 16 Sonawane, P.I., who recorded statements of witnesses and published news item in the press about finding of dead body of unknown person having tattoo mark on his hand as 'Vishwanath'. On the basis of the said news item, few persons from village Balapur visited the Police Station, who were shown photograph and clothes of deceased and they identified deceased to be Vishwanath Sable, resident of Kanheri Gawli.

(3.) TO establish the charge, prosecution has in all examined 16 witnesses, namely, P.W. 1 Harvindarsing to prove inquest panchanama, spot panchanama and seizure panchanama, however, he has not supported the case of prosecution, P.W. 2 Kishor to establish seizure panchanama regarding pair of slipper, clothes and viscera of deceased, however, he has not supported the case of prosecution, P.W. 3 Subhash on memorandum statement of accused, but is declared hostile, P.W. 4 Vijay Yadav, who has proved memorandum statement of accused (Exh. 35) and seizure panchanama of chappal (Exh. 36), P.W. 5 Manorama, wife of deceased Vishwanath, P.W. 6 Shantaram, who, at the material time, was working in a Carom Board Club at Khamgaon, P.W. 7 Baban, who was also working there as servant, however, both these witnesses did not support the case of prosecution, P.W. 8 Dr. Mendhe, who had issued post mortem report (Exh. 23), P.W. 9 Kailash to prove seizure panchanama about clothes and viscera of deceased, but he did not support the case of prosecution, P.W. 10 Sheshrao Sontakke on circumstance of deceased going for gambling, P.W. 11 Tulshiram, who in response to news item visited Shivaji Nagar Police Station and on confronting with clothes and photograph of deceased, identified him to be Vishwanath of village Kanheri Gawli, P.W. 12 Jivansingh complainant, who lodged report (Exh. 30), P.W. 13 Sheshrao Sable, brother of deceased Vishwanath, P.W. 14 Satyabhama, who is related to deceased Vishwanath, on the point of deceased Vishwanath accompanying accused for going to Khamgaon for gambling purpose and concluded its evidence by examining P.W. 15 Shivaji Ghuge, A.P.I. and P.W. 16 Arvind Sonawane, P.I., both Investigating Officers.