SURAJ SHRIKRUSHNA SONOWANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is filed against judgment and order dated 2nd April, 2016 passed by learned Sessions Judge, Yavatmal in Sessions Trial No.82 of 2015, vide which appellant came to be convicted for the offence punishable under Section 304(I) of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for ten years and to pay fine of Rs.1000/-, in default to suffer S.I. for one month. Appellant is acquitted of the offence punishable under Section 201 of the Indian Penal Code.

(2.) Briefly, case of prosecution can be stated as under :-

(3.) Pw 1 Kalim Shah, Complainant therefore lodged his report which was received by PW 10 ASI, Ananda Bhagat at 8 p.m. and on the basis of same report offence vide Crime No.95 of 2013 was registered, which was further investigated by one P.I., Bawiskar (not examined) and thereafter by PW 11 Sugat Nathrao Pundge, PSI who had recorded statement of witnesses on 7th October, 2013, 8th October, 2013, 10th October, 2013 and 24th October, 2013. Further investigation was carried out by PW 12 Chandrashekhar Panjabrao Kadu, API who during the course of investigation, apprehended appellant from Ahemadabad and after bringing at Babhulgaon Police Station, on 18th April, 2014 effected his arrest under arrest panchanama Exh.17 and sent appellant to Medical Officer for collecting his blood sample which was seized under seizure panchanama, Exh.19. On 20th April, 2015, he recorded statements of PW 6 Kaushal Dhonduji Bawane, PW 9 Kamala Pandit Munjewar, PW 13 Mangesh Rajendra Chaudhari and on 6th May, 2015 recorded statements of PW 7 Pandit Balkrushna Munjewar and also got recorded statements of PW Mangesh Chaudhari, PW 4 Naresh Udhaorao Raut and PW Kamala Munjewar under Section 164 of the Code of Criminal Procedure and on completion of investigation filed charge-sheet before the Court of Judicial Magistrate (F.C.), Babhulgaon. In the course of time, case was committed to the Court of Sessions for trial.