SURESH PANDURANG TIGARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) VIDE judgement and order dated 13/1/1983, passed in Sessions Case No 36 of 1982, the Additional Sessions Judge, Nashik convicted and sentenced the appellant in the manner stated hereinafter :-

(2.) BRIEFLY stated the prosecution case runs as under :-

(3.) THE investigation of the case was conducted by P. I. Madhukar Desphande P. W. 20. After recording the FIR he visited the place of the incident viz. Canada square. He prepared the panchanama of the scene of offence (Exh. 23 ). There were some blood stains on the place of the incident and he collected the same with the help of wet cotton. The same day he interrogated some witnesses, including Jona Kurhade P. W. 13, Pradeep P. W. 15 and Mebal P. W. 16. Between 11-10-1981, and 20-10-1981, the acquitted accused persons were arrested. On 20-10-1981, he arrested the appellant. The next day the appellant made a statement that he had kept one sword in the house of Satwa Kashinath and he could produce the same. Consequently in the presence of public panchas, under a panchanama on the pointing out of appellant Suresh Tigare from the house of Satwa Kashinath a sword and iron pipe was recovered. We may straightway mention that for very tenable reason recorded in paragraph 25 of the impugned judgment, no significance has been attached by the learned trial judge to this piece of evidence. On 30-10-1981, P. I. Deshpande asked the Executive Magistrate Shrikishan Shejwal P. W. 8 to hold the test identification of the appellant and the acquitted accused. On 31-10-1981, he recorded statement of Pundalik Shewale. He sent the blood stained articles to the chemical analyst along with the forwarding letter. Finally after completing the investigation on 31-12-1981, he submitted the charge-sheet.