RAJESH Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal takes exception to the judgment dated 1st of July, 2005, passed in Sessions Trial No.36 of 2005, by learned Second (Ad hoc) Additional Sessions Judge, Wardha, thereby convicting appellant/accused Rajesh alias Pintya Ramesh Sabale for the offence punishable under Section 302 of the Indian Penal Code, and sentencing to suffer life imprisonment and to pay a fine of Rs.1000/- and in default to suffer rigorous imprisonment for one month.

(2.) In brief, it is the case of prosecution that on 3rd of December, 2004, PW 10 Ashok Thakre, resident of village Botona at about 4.45 p.m. received information from some school boys that deceased Laxman Thakare was lying on Ashti - Pardi road. Accordingly, he immediately rushed to the spot and found Laxman Thakare lying near storm water drain (Nali) and on enquirying with Laxman, he told that accused had given dash by his vehicle Jeep to their motorcycle, owned and driven by Ranjitsingh, while they were proceeding on it. Deceased Ranjitsingh was also found lying on Kaccha road adjacent to tar road. Both the vehicles were also found on the spot. PW 10 Ashok accordingly visited Ashti Police station, Distt.Wardha and lodged his report (Exh.44) on the basis of which offence came to be registered vide Crime No.101 of 2004 for the offences punishable under Sections 279, 337, 338 of the Indian Penal Code against the driver of Jeep bearing registration No.MGR -6848, which was investigated by PW 7 Pramod Nasare, H.C., B.No.145 who visited the spot and drew spot panchanama (Exh.11) and seized Jeep, motorcycle, towel, shoe, chappal, earth mixed with blood and simple earth, under seizure panchanama (Exh.12) and effected arrest of accused on the same day at about 11.45 a.m. Further investigation was carried out by PW 14 Vitthal Mohitkar, P.S.I. during the course of which he, on summoning PW 4 Dhanraj Maske, obtained photographs of spot and on issuing requisition to PW 6 Gajanan Kokate, Revenue Inspector, got prepared sketch of scene of offence at (Exh.29) and collected documents with reference to registration particulars of both the vehicles. It appears to be the case of prosecution that both the injured who were found lying on the spot were referred to the hospital, initially at Rural Hospital, Arvi where deceased Laxman Thakare succumbed to his injuries on 4th of December, 2004 and deceased Ranjitsingh Bais succumbed to his injuries while under medical treatment in Medical Collage at Nagpur on 5th of December, 2004.

(3.) Heard Mr. R. P. Joshi, learned counsel for the appellant and Mr. H. D. Dubey, learned Additional Public Prosecutor for the State.