GAJANAN BALASO KHADKE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant, who stands convicted for the offences punishable under Sections 302 and 498A of the Indian penal Code and sentenced to suffer imprisonment for life and to pay fine of Rs. 500/-, in default to suffer rigorous imprisonment for one month on the first count and rigorous imprisonment for one year and to pay fine of Rs. 500/- in default to suffer rigorous imprisonment for 15 days, on the second count; by judgment dated 4.9.2007, in Sessions Case No. 1 of 2007, by the Additional Sessions Judge, Ichalkaranji, District Kolhapur, by this appeal challenges his conviction and sentence. The facts necessary for the decision of this appeal, are as follows:-

(2.) On 31.7.2006 at about 9.30 p.m. P.W. 1 Suresh Chougule was informed by the appellant on phone that Aruna had become unconscious due to faint and she was taken to the hospital of Dr. S.R. Patil at Hupari. When P.W. 1 including his parents reached there, he was informed that she was taken to Government Hospital at Hupari, where the Doctor had examined her and declared that she was dead. Head Constable Thombare registered A.D. No. 28 of 2006 at Hupari police station, carried out the inquest panchnama (Exhibit 40C) and sent her dead body for postmortem. On 1.8.2006, he handed over the papers of A.D.R. to P.W. 3 PSI Prakash Gaikwad. In the said papers, there was advance cause of death certificate of Aruna stating that her death was as a result of asphyxia due to ligature of neck, alongwith asphyxia head injury. P.W. 1 Suresh Chougule then on the same day lodged complaint against the appellant, his parents and sister-in-law vide Exhibit 17. On his complaint C.R. No. 50 of 2006, came to be registered for the offence punishable under Section 302, 498A read with 34 of the Indian Penal Code. The appellant was arrested on the same night at about 10.45 p.m. whereas; the other co-accused were arrested on the next day.

(3.) P.W. 3 PSI Gaikwad recorded the statements of neighbours and other witnesses. He seized the clothes of the appellant under panchnama (Exhibit 35) and referred the said clothes alongwith the nail clippings and blood sample of the appellant to Chemical Analyzer vide requisitions (Exhibit 42 to 44). After completion of investigation on 23.11.2006, he filed chargesheet in the Court against appellant and other co-accused.