PADMAKAR Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Above appeals are preferred against the judgment in Sessions Trial No. 156 of 1999 dated 11th of October, 2002 passed by Additional Sessions Judge, Akola, thereby convicting original accused No. 4 Padmakar Dadarao Thorat for the offence punishable under Section 302 of the Indian Penal Code and sentencing to suffer rigorous imprisonment for life and to pay a fine of Rs. 2,000/- in default of payment of fine to suffer rigorous imprisonment for one year. Original Accused No. 1 Shamrao Udaybhan Thorat, original accused No. 2 Ramkrishna Jamaji Thorat and original accused No. 3 Dadarao Rajaram Thorat are convicted for the offence punishable under Section 324 of the Indian Penal Code and are sentenced to suffer rigorous imprisonment for nine months and to pay a fine of Rs. 1,000/-, in default of payment of fine to suffer rigorous imprisonment for three months each.

(2.) Kashinath died while in hospital at Akola on 3rd of June, 1999. Accordingly, inquest panchanama was drawn and body was forwarded for Post Mortem which was performed by PW 10 Dr. Vilas Sonone and issued Post Mortem report (Exh. 106). On death of Kashinath, offence under Section 302 of the Indian Penal Code came to be added in the present crime which was then investigated by PW 12 Ganesh Bhavsar, who arrested accused No. 5 Vishwas on 6th of June, 1999 and obtained blood sample of deceased, PW 1 Anil and of accused Nos. 1 to 5. The investigating Officer seized stick and Dhoti of accused No. 1 Shamrao under seizure panchanama (Exh. 101) and clothes of accused Nos. 2, 3 and 5 under seizure panchanama (Exhs. 102, 103 and 104). On 7th of June, 1999 accused No. 6 Awadoot was arrested. His memorandum statement came to be recorded at Exh. 97 and one stick came to be seized at his instance as per seizure panchanama Exh. 98 and his shirt under seizure panchanama Exh. 99. Blood sample of accused No. 6 Awadoot is seized. All the seized muddemal articles were forwarded for analysis to Chemical Analyzer vide requisition Memo Exh. 118 of which Chemical Analyzer's reports are at Exhs. 121 to 125. On completion of investigation, charge sheet is filed before the learned Judicial Magistrate (F.C.), Akot.

(3.) Heard Mr. Anil Mardikar, Senior Counsel and Mr. R.D. Bhuibhar, learned counsel for the appellants and Ms. T.H. Udeshi, learned Additional Public Prosecutor for the State.