BHUPENDRASINGH NIRMALSINGH MALLI Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant, who stands convicted, for the offences punishable under Sections 147, 148, 326 and 302 read with Section 149 of the Indian Penal Code and sentenced to suffer imprisonment for life and to pay fine of Rs. 2,000/- in default to suffer simple imprisonment for three months, by Ad Hoc Additional Sessions Judge, Kalyan, vide his judgment dated 27.7.2006, in Sessions Case No. 185 of 2004, by this appeal challenges his conviction and sentence. Facts, as are necessary for deciding this appeal, may be stated as follows:-

(2.) On her complaint (Exh.14), P.W. 12 API Ghadasi, registered C.R. No. 150 of 2002, for the offence punishable under Section 302 read with 34 of the Indian Penal Code. Then in the presence of panchas, he made inquest panchnama Exh.56, and sent the dead body for postmortem. P.W.6 Dr. Vivek Malvi, conducted autopsy and found the cause of the death as haemorrhage shock due to multiple injuries.

(3.) As a part of further investigation P.W. 12 API Ghadashi, then went to the spot of incident which was at Phule Nagar, Katodwadi, near Church and made spot panchanama (Exh.58) in the presence the panch witness P.W.10 Ram Jadhav. From the spot, he collected the blood stains, handle of sword and pair of chupple with blood stains thereon and simple soil. The clothes of the deceased were produced by Constable Rokade and they were seized under the panchanama (Exh.60) in presence of Panch P.W. 11 Prabhakar Jadhav. Thereafter P.W.12 API Ghadashi, sent the seized muddemal articles to Chemical Analyzer vide requisition letter Exh.68, The Chemical Analyzer's Reports are produced in the case (Exh. Nos. 49 and 50). The appellant herein was arrested on 20.5.2004. Further to completion of investigation, P.W. 12 API Ghadashi filed chargesheet in the Court against the appellant. In the said chargesheet remaining three accused by name Chhotu, Shriram and Kailas @ Loha Jayswal were shown as absconding.