CHANDU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal, the appellant (accused) challenges the judgment and order of sentence passed in Session Case no. 96/2016 dtd. 10/8/2018 by which the accused is convicted of the offence punishable u/s 302 IPC and sentence to suffer Life imprisonment (for the remainder of his life) along with fine of Rs.50,000.00 passed by Additional Sessions Judge, Wardha.

(2.) Brief facts which are necessary for the disposal of the appeal are as under:

(3.) After registration of the crime, wheels of investigation started rotating. During investigation the Investigating Officer has visited the spot of incident and drawn the spot panchanama. The accused was absconding. Therefore he was searched. He was found in an unconscious state in the field of Kisan Bhalavi. The accused was admitted in the hospital. The inquest panchanama as to the dead body of the deceased was also drawn and dead body was forwarded for conducting the Post mortem report. From the spot of incident the weapon of the offence was seized. During investigation the blood stained clothes of the deceased as well as the blood stained clothes of the accused are also seized. During spot panchanama Article 2 quilt, broken pieces of glass bangles, hair samples of the deceased are also collected. The statement of the accused as he was under the apprehension of the death due to the consumption of poison after the incident, his statement was also recorded. Prior to forwarding the dead body of the deceased for the post mortem report, the spot was protected by deputing the Police Constable at the said spot of incident. During investigation the Investigating Officer has collected relevant documents as to the dispute between the accused and the deceased referred to the counselor for settlement and the settlement terms are included in the investigation papers. After recording the relevant statement of the witnesses and after forwarding the incriminating articles to the chemical analysis, on completion of the investigation the charge-sheet was submitted against the accused in the Court of JMFC Karanja (Ghatge).