GAFFAR KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By the present appeal, the appellant who stands convicted for the offence punishable under Sec. 304 Part II of Indian Penal Code is sentenced to suffer R.I. for five years and to pay fine of Rs. 1000.00 and in default of payment of fine to suffer further R.I. for four months,is before this Court.

(2.) Sub-Divisional Police Officer (SDPO) Ravindra Prabhakar Shegaonkar was posted at Morshi from Oct. 1992 to June 1993. The P.S.O. Shirkhked is within the territorial jurisdiction of SDPO, Morshi.

(3.) The report (Exh.43) was reduced into writing by Ravindra (PW12) himself. After reduction of report into writing, A.S.I. of P.S. Shirkhed prepared F.I.R. in the prescribed proforma. Offence was registered against appellant Gaffurkhan, Rafiqkhan, Imrankhan and 23 unknown persons at P.S. Shirkhed vide Crime No.210/1992 for the offence punishable under Sec. 302 r/w Sec. 34 of the Indian Penal Code. After registration of the crime Ravindra (PW12) took up the investigation upto himself.