SANJAY DILIPRAO MADKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is the Appeal under Sec. 374 (2) of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.') against the Judgment and Order dtd. 27/7/2020 passed by the learned Special Judge, Osmanabad in Atrocity Spl. Case No.26 of 2017 convicting the Appellant for the offence punishable under Ss. 302 and 201 of the Indian Penal Code (hereinafter referred to as the, 'I.P.C.') and sentencing him to undergo Imprisonment for Life and to pay fine of Rs.1,000.00 (Rs.One Thousand Only), in default, to undergo Simple Imprisonment for One (1) Month and to undergo Rigorous Imprisonment for Three (3) years and to pay fine of Rs.500.00 (Rs.Five Hundred Only), in default, to undergo Simple Imprisonment for One (1) Month, respectively.

(2.) The Prosecution's case as revealed from the Police Report is as under :-

(3.) The Police performed the Inquest and referred the body for Post-mortem. The Spot Panchanama was drawn and Statements of the witnesses were recorded. The Post-mortem revealed the cause of death as 'Haemorrhagic Shock caused by cut-throat injury and multiple chop wounds.' The Appellant and Co-accused came to be arrested. Katti, clothes of the Appellant and driving licence of Deceased came to be seized pursuant to the voluntary statement of the Appellant. The Articles seized during the course of investigation, were referred to the Chemical Analyzer. The motorcycle used in the crime came to be seized. The Reports of Chemical Analyzers were collected. Since Deceased belonged to the Scheduled Caste, which was known to the Appellant, Ss. 3 (2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'SC ST Act') came to be added in the crime. On completion of investigation, the Appellant and Co-accused came to be Charge-sheeted.