KAMAJI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal under section 374(2) of the Code of Criminal Procedure, 1973. Original accused challenges judgment and order passed by the third Ad-hoc Additional Sessions Judge, Nanded at the conclusion of Sessions Case no. 91/04. Appellant/accused was tried for offence punishable under section 302 of Indian Penal Code. He is held guilty for the same and upon conviction, is sentenced to suffer imprisonment for life, fine Rs.1,000/- and in default, simple imprisonment for three months.

(2.) Prosecution story in nutshell can be narrated as follows :-

(3.) During the course of investigation, clothes of the accused are said to have been seized under panchanama and a letter written on loose papers of note book is also claimed to have been found from his shirt pocket. The Investigating Officer appears to have persuaded the accused to write the same contents six times in order to treat the same as specimen handwriting of the accused for comparison with the letter found in his pocket. Eventually, the letter found in the pocket does not bear any signature although the same appears to have been addressed to Savita (deceased). Panch Suresh (PW 3) who is witness to seizure panchanama did not support the prosecution about seizure of clothes of the accused. PW 5 Gajanan is a panch witness to inquest as also panchanama of spot of incident. He was required to be declared hostile but other panch Natthu (PW 6) to the inquest has supported prosecution although partially. PW 7 Kalyan is other panch to the spot panchanama and he is also photographer. He had taken photographs of the dead body when he attended for proceedings of the spot panchanama. Ravikant (PW 8) and Maroti (PW9) are panch witnesses. According to prosecution, discovery of the weapon i.e. pounding rod was witnessed by these two witnesses including recording of memorandum of statement of accused. Eventually, both these witnesses have turned hostile and refused to support the prosecution.