MANOJ RAMA MOHITE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant/original accused No. 1 who stands convicted for offence punishable under sections 302 and 323 of the Indian Penal code and sentenced to imprisonment for life and fine of Rs. 2,000/- with a default condition of undergoing further R. I. for six months in the event of non payment of fine and R. I. for one year and fine of Rs. 1,000/- with a default condition of undergoing further R. I. for two months in the event of non-payment of fine, respectively, with a direction that substantive sentences shall run concurrently by the IVth Ad hoc Additional Sessions Judge, Dhule, by judgment dated 29-8-2005, in Sessions Case No. 18 of 2005, by this appeal questions the correctness of his conviction and sentence.

(2.) Such of the facts as are necessary for the decision of this appeal may briefly be stated thus: p. W. 8 Rajesh Akhade, an A. P. I, attached to Pimpalner Police Station recorded the report lodged by P. W. I Mahfooz Beg Mirza at Exh. 26 on 18-1-2005. On the basis of the said report an offence vide Crime No. 7 of 2005, under sections 302, 146, 147, 148, 149, 323, 504 and 506 of the Indian Penal Code came to be registered. He thereafter proceeded to the Civil Hospital, Dhule and saw the dead body of deceased Mohammad Kasim and held an inquest and drew the panchanama of inquest of deceased Mohammad Kasim in the presence of panch at Exh. 14. Dead body of deceased Mohammad Kasim was thereafter referred for post-mortem examination and the post-mortem was conducted by p. W. 5 Dr. Vivek Nukte. P. W. 5 Dr. Vivek Nukte noticed the following external injuries on the dead body of Mohammad Kasim.

(3.) On committal of case to Court of Sessions, charge vide Exh. 4 came to be framed against the appellant and other six accused for offence punishable under sections 147, 148, 302 read with section 149, 323 read with section 149 of indian Penal Code. All the accused pleaded their innocence and claimed to be tried. Prosecution in support of its case examined eight witnesses. Trial Court on appreciation of the evidence convicted and sentenced the accused No. 1 while acquitting original accused Nos. 2 to 7.