SHIVAJI Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD both sides.

(2.) PRESENT appellant was tried by learned Sessions Judge, Parbhani in Sessions Case No. 161 of 1998 for the offence punishable under Section 302 of Indian Penal Code. He was acquitted from the said offence vide judgment and order dated 15th June, 2001. Instead, however, he was convicted for the offence punishable under Section 304 Part II of Indian Penal Code and was sentenced to suffer rigorous imprisonment for seven years and also to pay a fine of Rs. 15,000/ -, in default, to suffer rigorous imprisonment for one year. Aggrieved by said judgment and order, present appeal is preferred by the appellant/accused.

(3.) DURING investigation by PW 13 - Subhash Bhujang, P.S.I., statements of eye witnesses were recorded. Besides this, the Investigating Officer got statements of the eye witnesses recorded under Section 164 of the Code of Criminal Procedure Code through Special Judicial Magistrate, PW 8 - Mohd. Khaja. Inquest panchnama was prepared. Post mortem notes were collected. Present appellant was arrested. While in custody, he made statement leading to the recovery of a knife and his clothes. Those were seized. The property was sent to Chemical Analyst and after receiving C.A. report, charge sheet came to be filed.