SANTOSH PARASRAM RATHOD Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) BEING aggrieved by Judgment and Order dated 1st November, 2001 passed by the learned Sessions Judge, Nanded, District - Nanded in Sessions Case No. 167 of 1997 thereby, convicting the Appellant -accused for the offence punishable under Section 304 Part - II of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for five years and to pay fine of Rs. 5,000/ - and in default of payment of fine amount, to suffer rigorous imprisonment for one year, present Criminal Appeal is preferred by the Appellant.

(2.) PROSECUTION case, in short, is as under: - -

(3.) BEFORE the learned Sessions Judge, in all seven witnesses were examined. PW No. 1 Gendu Jaising Jondhale is the complainant and brother of the deceased. PW No. 2 Ramabai Dattatraya Kamble and PW No. 3 Imran Ali Khan Anwar Ali Khan are eye witnesses to the incident. PW No. 5 Dr. Rajendra Nivrattirao Kagne is the Medical Officer. PW No. 4 Govindrao Narayanrao Panpatte is Police Constable, who carried the articles to the Chemical Analyzer. The present Appellant allegedly made statement leading to recovery of knife used in the commission of offence. PW No. 6 Ramesh Sambhaji Parghane is the panch witness to the recovery, while PW No. 7 Parashuram Ramchandra Chavan, as detailed above is the Investigating Officer.