RAJU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) APPELLANT /accused has assailed the judgment dated 24.8.2012 passed by the Additional Sessions Judge, Nagpur in Sessions Case No. 16/2011 convicting accused for offence punishable under section 302 of Indian Penal Code and sentencing him to suffer life imprisonment and also to pay fine of Rs. 10,000/ -.

(2.) AS per prosecution, on 18.6.2010 on the strength of information supplied by police constable Satish from police booth at Medical College and Hospital, Nagpur, PW -11 Devidas Bhoyar registered Sana entry No. 31 and went to spot of incidence i.e. Suyog Colony, M.I.D.C. Butibori. Prosecution case is that spot of incidence is residence of accused/appellant and his wife (deceased) Sarita and accused throttled her to death at that place between 7 p.m. to 8 p.m. on 18.6.2010. After reaching spot, investigating officer Shri Bhoyar attempted to record statements of mother, father, brother and other relatives of deceased but those relatives were not in a position to give the same. He returned back to police station and made Sana Entry at Serial No. 35 about accidental death. Information was then given to Butibori police station which registered at Serial No. 37 in station diary entry the death of Sarita. On receipt of inquest panchanama AD bearing No. 40/2010 came to be registered vide Exh. 35 on 19.6.2010. Investigating Officer obtained death certificate on 21.6.2010 and thereafter got opinion of medical officer that death was due to throttling. Further investigation was conducted. Accused was arrested on 22.6.2010.

(3.) ON the strength of this material, trial court has found death of Sarita to be homicidal and held that accused caused said death.