STATE OF MAHARASHTRA Vs. RAJESH PITAMBAR SONWANE

JUDGEMENT

(1.) This Appeal is filed by the appellant State, challenging the judgment and order of acquittal dated 28th April, 1999, passed by the IIIrd Additional Sessions Judge, Jalgaon in Sessions Case No.212/1998.

(2.) The prosecution case in nutshell is as under:

(3.) On 11th July, 1998, the Head Constable Shivdas Shankar Saindane [PW16] produced the clothes of the deceased and they were seized in presence of panchas under panchnama [Exh.33]. The dead body was handed over to the relatives of the deceased i.e. his father Popatrao Rama Sonwane for funeral after postmortem. The Police Sub Inspector Shivram Mali recorded the statements of Popat Rama Sonwane and 15 other witnesses on that day. On the same day, he also arrested the accused Rajesh Pitambar, Arun Piambar and recorded the statement of Taher Subhan Patel [PW4], who was the alleged eye witness to the incident. The accused Sunil Pitambar was having injury on his right hand, and therefore, he was got examined through Medical Officer. On 13th July, 1998, the shirt of accused Rajesh Pitambar was seized in presence of panchas in consequence of the information given by the accused Rajesh. The Police Sub Inspector Shivram Mali recorded the statement of witnesses on 14th July, 1998 and 15th July, 1998. He also received the postmortem notes. On 16th July, 1998, the accused Pitambar Totaram Sonwane agreed to produce bicycle, and accordingly, produced the same and his information was reduced into writing in the form of memorandum [Exh.63], and the bicycle was seized in consequence of the information under panchnama Exh.64. On the same day, the sickle was also seized in consequence of the information given by the accused Pitambar Totaram Sonwane as per memorandum and panchnama Exhs.37 and 38. On 17th July, 1998, one suri was also seized in consequence of the information given by accused Gautam Pitambar Sonwane under memorandum and panchnama Exh.60 and 61 in presence of panchas. On 18th July, 1998, the accused Arjun More agreed to produce the gupti in presence of panchas, and consequently, produced the same and it was seized as per memorandum and panchnama Exh.47 and 48. The Police Sub Inspector obtained blood samples of accused persons on 20th July, 1998 and interrogated the witness and sent the seized articles to Chemical Analyser, Aurangabad, on 27th July, 1998 for analysis along with forwarding letter Exh.49.