DINESH GOTIRAM PATEL, AGED Vs. THE STATE OF MAHARASHTRA, THROUGH ITS POLICE STATION OFFICER, POLICE STATION KALAMNA, NAGPUR

JUDGEMENT

(1.) Being aggrieved by the judgment and order passed by the learned Additional Sessions Judge, Nagpur dated 26.8.2015 in Sessions Case No. 185/15, thereby convicting the appellant for the offences punishable under Sections 302, 404 & 201 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs.5,000/and in default, to suffer further S.I. for a period of six months for the offence punishable under Sec. 302 of the Indian Penal Code and sentencing him to suffer R.I. for two years and to pay a fine of Rs.1,000/and in default, to suffer further S.I. for a period of two months for the offence punishable under Sec. 404 of the Indian Penal Code and also sentencing him to suffer R.I. for one year and to pay a fine of Rs.500/and in default, to suffer further S.I. for a period of one month for the offence punishable under Sec. 201 of the Indian Penal Code, the appellant has approached this Court.

(2.) The prosecution story, in nutshell, as could be gathered from the material placed on record is thus :

(3.) It is further the prosecution case that on 25.9.2014 the deceased Vinod received Rs.30,000.00 advance from broker to whom he had supplied the goods. It is the prosecution case that in the night of 25.9.2014 there was some dispute regarding money between the accused and the deceased. As such, the accused assaulted the deceased by iron angle and killed him. Thereafter the accused took Reliance mobile of deceased and Rs.40,000/and by locking the door of godown went to his house. On 30.9.2014 the mother of the deceased contacted the first informant Shankar Manapure PW.2, who is the cousin of the deceased informing her that for last 34 days the phone of deceased was out of range and asked him to enquire about the whereabouts of the deceased. First informant, therefore, took search and went to the godown of the deceased. There was a lock but smell was coming from inside of the said godown. PW.2 Shankar, therefore, dialed 100 and called the police. PW.9 P.I. Mohan Dere along with the staff visited the spot and broke open the lock of godown. The dead body of the deceased was found in a decomposed condition. One gunny bag of nut was lying on his head. The spot panchnama was made by PW.9 Dere and the body of the deceased was sent to Mayo Hospital for postmortem. PW.2 Shankar lodged the oral report and on the basis of the same, FIR came to be registered for the offence punishable under Sec. 302 of the Indian Penal Code. It is the prosecution case that on the basis of the C.D.Rs. of the deceased the accused came to be arrested on 111.2014.