SANDIP BABANRAO GHEWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal the appellant (hereinafter referred to as The accused ) takes exception to the judgment and order dated 24.12.2002 passed by the Second Ad hoc Additional Sessions Judge, Amravati in Sessions Trial No. 180/2001 convicting the accused for the offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs. 500/- and in default to suffer simple imprisonment for three months.

(2.) Briefly, the prosecution case is as under: Deceased Santosh Chedokar was resident of Kund Sarjapur. He along with his wife P.W. 11 Fulabai and daughter P.W. 12 Leelabai had shifted to Kund Sarjapur from Kotalkund in Madhya Pradesh. He was residing in the house of Sunil Akotkar. On 26.6.2001 he came to Amravati for collecting his wages and returned back at about 9.00 p.m.. He asked his daughter to give water and after drinking water he went to attend nature's call. After about 5 to 10 minutes Fulabai heard shouts. She came out along with her daughter Leelabai and she found that her husband was carried in an auto rickshaw by Sudhir (P.W.3), Gajanan (P,W,4) and Pravin (P.W.7 ). She made an attempt to talk to her husband but he did not speak. In the same auto she also accompanied deceased Santosh to Erwin Hospital, Amravati where Santosh was declared dead by the medical officer. It is further the case of the prosecution that there was some dispute between the accused and deceased on account of which the accused gave a blow on the stomach of Santosh by gupti. Pursuant to the report (Exh. 29) lodged by Fulabai offence was registered. P.W. 14 Nilesh produced a cover of gupti which was attached under the seizure memo (Exh. 12) in presence of panchas. P.W. 16 P.S.I. Nagarkar visited the spot of occurrence on 27.6.2001 and drew spot panchanama (Exh. 40) in presence of Sanjay. He found blood stains on stone and also blood on the earth as well as on the chappals. These articles were attached from the spot. Since the accused was not traceable information was given to the Police Station. P.W. 13 P.S.I., Aga Khan came to know that the accused was present at Badnera Railway Station. Accordingly, he went to the railway station at Badnera along with Pravin Mankar and Rajesh who identified the accused at platform no. 1. The accused was arrested under the arrest panchanama ( Exh. 24). According to the prosecution there were blood stains on the shirt, pant and chappals of the accused and the same were seized under the panchanama (Exh. 25). It is further the case of the prosecution that pursuant to discloser statement (Exh. 15) made by the accused gupti was recovered from the field of Janrao Mankar under the seizure memo (Exh. 16). The articles seized were thereafter sent for chemical analysis to the Chemical Analyser. After completion of the investigation, charge sheet was filed against the accused for the offence punishable under Section 302 of the Indian Penal Code.

(3.) We have heard Mr. Daga, learned counsel for the accused and Mr. O.D. Kakde, learned A.P.P. for the respondent and perused the records. Mr. Daga, in support of the appeal, made the following submissions.