SHAILESH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The challenge in this appeal is to the order of conviction and consequential sentence passed by the Court of Adhoc Additional Sessions Judge, Aurangabad (Trial Court) on 2/9/2021 in Sessions Case, No.263/2016. The appellant, an accused therein, was convicted for the offences punishable under Ss. 302 and 201 of the Indian Penal Code and, therefore, directed to undergo sentence of life imprisonment and to pay a fine of Rs.20,000.00 with default stipulation and rigorous imprisonment for three years and fine of Rs.5000.00 with default stipulation respectively. The substantive sentences were directed to run concurrently.

(2.) The facts in brief, giving rising to the present appeal, are as follows :-

(3.) A report as to having noticed a dead body of a lady in burnt condition was made to CIDCO MIDC Police Station, Aurangabad. The police officials rushed to the place. An inquest panchanama (Exh.39) was drawn. Some articles were seized under the panchanama. It was found that the deceased was gagged with a cloth ball. During the course of enquiry of an unnatural death, the identity of the deceased was established. Her brother Tatya (P.W.4) lodged F.I.R. (Exh.77), based on which a crime vide C.R. No.227/2016 under Ss. 302 and 201 of the Indian Penal Code was registered against the appellant on suspicion.