ANIL SOPAN BHANUSE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal by original accused no. 1 raising challenge to the judgment and order of conviction and sentence imposed by the III Ad hoc Additional Sessions judge, Jalna, on 23. 12. 2005 in Sessions Case no. 105/2005. Accused no. 1/appellant herein is found guilty for an offence punishable under section 302 of Indian Penal Code and is sentenced to suffer imprisonment for life and to pay fine of Rs. 1000/-, in default, to undergo further rigorous imprisonment for six months. He is also found guilty for an offence punishable under Section 498-A of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for two years and to pay fine of rs. 500/-, in default, to suffer simple imprisonment for three months. It is further directed by the trial Court that the substantive sentences of imprisonment shall run concurrently. Accused No. 1 Anil s/o, Sopan Bhanuse and accused No. 2 Sopan s/o. Sarjerao Bhanuse were tried before the III Ad hoc Additional sessions Judge, Jalna, in Sessions Case No. 105/2005 for offences punishable under Sections 498-A and 302 read with Section 34 of the indian Penal Code. Accused no. 2 Sopan sarjerao Bhanuse has been found to be not guilty and as such came to be acquitted by the trial Court.

(2.) The prosecution case, in nutshell, can be summarised as below :

(3.) After recording First Information report, the Investigating Officer proceeded to village Borgaon and as a part of investigation, prepared inquest panchanama on the same day and requested the doctor to conduct autopsy on the dead body of deceased Alka. Accordingly the Medical Officer conducted autopsy and submitted post-mortem report, which is at exhibit-35. During the course of investigation, the Investigating Officer has recorded statements of witnesses, Incriminating article i. e. axe is recovered at the instance of accused no. 1, so also manila alleged to have been worn by accused no. 1 was also recovered during the course of investigation. After completing investigation, the investigating Officer submitted charge-sheet in the Court of J. M. F. C. Ambad. The case, being triable by the Court of Sessions, came to be committed to the Court of Sessions at Jalna. In reply to the charge, during the course of trial, accused pleaded not guilty and claimed to be tried.