VISHAL ASHOK KAMBLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By the present Appeal, the Appellant seeks to challenge the Judgment and Order dtd. 3/2/2014, passed by the learned Sessions Judge, Pune in Sessions Case No. 475/2010 whereby the Appellant has been convicted for the offence punishable under Sec. 302 read with Sec. 34 of the Indian Penal Code and sentenced to suffer imprisonment for life and to pay a fine of Rs.2,000.00 in default to undergo further rigorous imprisonment for six months. The Appellant has been acquitted for the offence under Sec. 4 punishable under Sec. 25 of the Arms Act and under Sec. 37(1) punishable under Sec. 135 of the Bombay Police Act.

(2.) Prosecution case in brief, is as under.

(3.) To bring home the guilt of the Accused, the Prosecution has examined in all 10 witnesses including eye-witness, Panchas, Investigating Officers etc. The Prosecution has relied on the contents of Memorandum and Recovery Panchanama at Exh-46 and 47, Spot Panchanama at Exh-36, Inquest Panchanama Exh-37, Panchanama for seizure of clothes of deceased Exh-60, Post Mortem Report at Exh-28, letters forwarding articles to Chemical Analyzer at Exh-62 to 65, Chemical Analyzer's Report being Exh-70 to 73.