DNYANESHWAR CHINTARAM KADAM Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS Appeal is directed against the judgment and order dated 12th August 2010 passed by Ad -hoc Addl. Sessions Judge, Malegaon, convicting the appellant of offences punishable under Section 451 IPC and 307 IPC. The learned Addl. Sessions Judge sentenced the appellant to suffer Rigorous Imprisonment (RI) for 10(ten) years and to pay a fine of Rs. 5,000/ - in default to suffer RI for 1(one) year with respect to the offence punishable under Section 307 IPC and RI for 2(two) years and to pay a fine of Rs. 3,000/ - in default to suffer RI for 3(three) months with respect to the offence punishable under Section 451 of the IPC. Being aggrieved thereby, the appellant has approached this Court by filing the present Appeal, praying that his conviction and the sentences imposed upon him, be set aside, and that he be acquitted.

(2.) THE prosecution case, as put forth before the trial Court may, in brief, be stated thus :

(3.) THE prosecution examined totally 11 witnesses during the trial. The first witness Samadhan Hirey is a panch in respect of the spot panchnama. The second witness Dharma Hirey is also a panch in respect of the seizure of the clothes of the victim on 21st February 2007 in the hospital. The third witness Pravin Hire, the First Informant is the husband of the victim Sunita. The fourth witness is Sunita herself. The fifth witness Dr.Sweety is the one in whose hospital Sunita was taken, admitted and treated. The sixth witness is one Shivaji Hirey who is a panch in respect of the seizure of the clothes of the accused on 23rd March 2007. The case of the Investigating Agency is that the bicycle on which the appellant had come to the house of Sunita was also seized in the course of investigation and Pradeep More(PW 7) is a panch in respect of the seizure of the said bicycle. The eighth witness Jitendra Nikam is the one in whose presence the appellant is supposed to have disclosed information leading to the recovery of the weapon of assault i.e. a sickle. The ninth witness Vijaykumar Bhangare is the Executive Magistrate who had held an Identification Parade on 16th March 2007 in which Sunita is said to have identified the appellant as the assailant. The tenth witness Ashok Bagul, Sub -Inspector of Police is the one who had arrested the appellant on 5th March 2007. He is the one who has done the entire investigation in the case. The eleventh and last witness Sahebrao Khardekar is a panch in respect of the spot panchnama.