UMESH JAGNU SARJARE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant, who stands convicted for the offence punishable under Section 302 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for life and to pay fine of Rs.500/- in default to suffer rigorous imprisonment for 15 days, by judgment and order dated 29.3.2008, in Sessions Case No.342 of 2006, of Additional Sessions Judge, Pune, by this appeal, challenges his conviction and sentence.

(2.) Brief facts, as are necessary for deciding this appeal, can be stated as follows :-

(3.) On his complaint C.R.No.138 of 2006 was registered against the appellant for the offence punishable under Section 302 of IPC. During the course of investigation, appellant was arrested on the same day. The spot panchanama Exh.22 was made in the presence of P.W. 1 panch Bashir Khan. From the spot, blood stained stone and the piece of wooden frame with blood stains thereon were seized. After the inquest panchanama, the dead body was sent for postmortem. P. W.7 Dr. Milind Wabale of Sasson Hospital conducted autopsy on the same day and opined that the cause of death was traumatic and haemorrhage shock as a result of cut throat injury associated with blunt injury on the head. The postmortem report is produced at Exh.52.