ASSARAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) - The appellant has preferred this appeal being aggrieved by the order of conviction and sentence passed by the learned II Additional Sessions Judge, beed in Sessions Case No. 108 of 1995 decided on 31. 7. 1997 whereby he convicted the appellant of committing offences punishable under Sections 302 and 201 of Indian Penal code (IPC) and sentenced to suffer imprisonment for life and to pay fine of Rs. 1,000 or in default to suffer rigorous imprisonment for six months for the offence punishable under Section 302 of IPC, and for the offence punishable under Section 201 of IPC he is sentenced to suffer rigorous imprisonment for three years and to pay fine of rs. 500 in default to suffer rigorous imprisonment for three months.

(2.) BRIEFLY stated facts giving rise to this case are as below:

(3.) ON 13. 4. 1994, at 8. 00 a. m. dead body of Shivkanya was found floating in the well of one Sarjerao Kade of Khardewadi. Police patil-PW4 Babasaheb Waghmode was informed about it by Sarjerao Kade and therefore he went with Sarjerao to the well and saw the dead body of Shivkanya Ambadas choure. Her parents were informed. Police patil Babasaheb Waghmode informed the police. He gave report Exh. 31. Thereafter, police came to the spot. They took out the dead body and drew inquest panchanama. Thereafter, the Police drew spot panchanama. The dead body was sent for post-mortem. Dr. Urne (PW10) performed post-mortem and found that it was a case of homicide. The death was caused by throttling. He gave certificate that the death was result of cardio respiratory failure due to asphyxia as a result of throttling. The postmortem was performed on 14. 4. 1994 between 11. 45 a. m. to 12. 45 noon.