KISHORILAL FULCHAND BARASKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant has challenged the judgment dated 19.01.2002 delivered by the Additional Sessions Judge, Achalpur in Sessions Trial No.25/2001, holding him guilty of offence punishable under section 302 of Indian Penal Code and sentencing him to suffer life imprisonment. He has also been ordered to pay fine of Rs. 1000/ - and in default to undergo further rigorous imprisonment for six months. The deceased - Munni @ Smt. Jasmai, was the maternal sister of the appellant.

(2.) PROSECUTION case in brief is as under :

(3.) P .W. 2 - Zamir Shah, lodged report with the police station Achalpur after noticing a dead body of woman lying in his field survey No.147 at Kheltapmadi or Tapmadi Shiwar, at about 12 O'clock in the noon on 10.1.2001. Police registered A.D.No.2/2001, and enquiry was entrusted to P.S.I. Mr. Mahure (P.W. 17), who went to the spot and then in presence of panch witness prepared spot panchanama and inquest panchanama. He seized the quilt with which the face of the dead body was covered, ordinary soil, soil smeared with blood and then forwarded the dead body for postmortem to Medical Officer of Cottage Hospital at Achalpur. He found that the deceased was murdered and accordingly he submitted his enquiry report to P.S.O. On the basis of which Police Inspector Mr. Gawande (P.W.No.15), registered Crime No. 4/2001 for offence punishable under section 302 of Indian Penal Code and he took the investigation with him.