SMT. SUMAN WD/O CHINTAMAN DHABEKAR, AGED 36 YEARS Vs. THE STATE OF MAHARASHTRA, THROUGH P.S.O. KUHI, DISTT. NAGPUR

JUDGEMENT

(1.) This appeal is preferred by the accused/appellant no.1 Smt. Suman Chintaman Dhabekar and accused/appellant no.2 Satish Shyamrao Wadhai against the judgment dated 12th of March, 2004 passed by the learned 3rd Additional Sessions Judge, Nagpur in Sessions Trial No.345 of 2001. By this judgment, both the accused/appellants named above came to be convicted for the offence punishable under Sec. 302 read with Sec. 34 of the Indian Penal Code and are sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs. 1000.00 each and in default of payment of fine to suffer rigorous imprisonment for three months each. Both the accused are acquitted of the offence punishable under Sec. 177 read with Sec. 34 of the Indian Penal Code.

(2.) In brief, case of prosecution can be stated as under -

(3.) On receipt of said information, PW 1 Gangadhar Babre, Police Head Constable, visited the spot with the accused and found dead body lying by the side of the road and on the basis of strangulation marks on the body of which both hands and legs were tied suspected involvement of accused in commission of death of deceased and thus, lodged his report at Exh.12 and registered offence at Kuhi Police station, against the accused for the offence punishable under Sec. 302 read with Sec. 34 of the Indian Penal Code in the night on 19th of April, 2001 at 3 a.m. which was investigated by PW 6 Gunderao Dhone, P.I., during the course of which said Officer visited the spot which was situated on Umred road, and found dead body lying by the side of road with its hands and legs tied by the rope having crushed head injury, caused involving truck bearing Registration No.MWY - 6295 present on spot. He then drew inquest panchanama vide Exh.15 and forwarded dead body for Post Mortem under requisition Memo Exh. 31. The truck found on the spot came to be seized under seizure panchanama vide Exh.22. On the following day, spot panchanama came to be drawn as per Exh.17 and both the accused came to be arrested. Under Seizure panchanama Exh.19 sticks, pieces of bamboo sticks and slipper came to be seized from the courtyard of accused no.1. On the same day, statement of witnesses including PW 3 Meerabai, PW 5 Duryodhan and others came to be recorded.