GOPINATH VITTHAL SABLE Vs. STATE OF MAHARASHTRA (AT INSTANCE OF SR P I CHATURSHRINGI POLICE STATION, DIST PUNE)

JUDGEMENT

(1.) This Appeal is directed against the Judgment and order dated 17th July, 2010, passed by the Additional Sessions Judge, Pune in Sessions Case No.319 of 2007, thereby convicting the Appellant/Accused No.3 - Gopinath Vitthal Sable for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code [for short 'I.P. Code'] and sentencing him to suffer life imprisonment and to pay fine of Rs. 1,000/-. The trial Court also convicted the Appellant/Accused No.3 - Gopinath Vitthal Sable for the offence punishable under Section 394 read with Section 34 of the I.P. Code and sentenced him to suffer rigorous imprisonment for seven years and to pay fine of Rs. 500/-, in default of payment of fine he is directed to suffer further imprisonment for six months. All the sentences were directed to be run concurrently. Hence this Appeal is filed by the Appellant challenging the conviction and sentence.

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

(3.) It is further the prosecution case that in the meantime dead body of one unknown young person was found by Panvel Police Station by the side of the road near village Nere, on Nere Panvel road on 9th April 2006 i.e. on the next day of date of missing of Ajay Kadu. The Panvel police had therefore, registered the case as accidental death case. The Inquest panchanama was executed by the Police in presence of the panch witnesses. There were no external injuries found on the person of said dead body. Police as well as pancha thought that deceased died due to some illness. However since the dead body was found in suspicious condition by the side of the road and since the accidental death case was registered, the dead body was sent for postmortem examination. The postmortem was conducted by Dr.Swati Bharat Naik [PW9] on 9th April 2006. On examination Dr.Swati Naik [PW9] found that the deceased was 45 35 years old. There were external injuries and abrasion around lower lip measuring 1 cm x 1 cm. Besides this the medical officer found fracture of thyroid cartilage and hyperamia and congestion of trachea, swelling of scrotum and contusion over testes was found and in the situation the medical officer opined that death had occurred due to cardial arrest and shock with asphyxia due to throttling and injury to testes. The clothes which were on the person of the deceased were seized by Panvel police in presence of the panch witnesses on 14 April 2006.