MEHBOOB KHUDBUDDIN SHAIKH Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant is original accused, who stands convicted by the judgment and order dated 31.01.2005, in Sessions Case No. 164 of 2004, by 1st Ad Hoc Additional Sessions Judge, Pune, for the offence punishable under Sec. 302 of Indian Penal Code and sentenced to suffer life imprisonment and to pay fine of Rs. 1000/ -; in default rigorous imprisonment for six months, by this appeal challenges his conviction and sentence.

(2.) Brief facts of the appeal can be stated as follows : -

(3.) On his complaint, P.W. 6 API Kadam registered C.R. No. 18 of 2004. On the very day, in the presence of panchas, he prepared scene of offence panchanama. From the spot he seized broken pieces of cement pipe, slipper, key chain, pieces of glass and blood stained and simple soil under panchnama (Exh.13). He recorded statements of witnesses and took search of the appellant. He also sent the viscera and blood sample of the deceased to Chemical Analyzer vide Exh.21 and 22. Further investigation of the case was taken over by P.W.8 PI Satav.