LAWS(BOM)-2018-10-100

RAMESH RAMCHANDRA Vs. STATE OF MAHARASHTRA

Decided On October 29, 2018
Ramesh Ramchandra Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) This appeal takes exception to the Judgment passed by learned Additional Sessions Judge, Washim in Sessions Trial No.30 of 2012 on 20th June, 2013 by which both appellant no.1 Ramesh Ramchandra @ Chandrabhan Sabhadinde and appellant no.2 Mukinda Ramchandra @ Chandrabhan Sabhadinde (hereinafter referred to as "Original accused nos. 1 and 2") came to be convicted for the offence punishable under Section 302 of the Indian Penal Code and each of them are sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs.2000/ each, in default of payment of fine, to suffer simple imprisonment for three months. Both the accused are also convicted for the offence punishable under Section 182 r/w. 34 of the Indian Penal Code and each are sentenced to suffer rigorous imprisonment for one month and to pay a fine of Rs.300/ each, in default to suffer simple imprisonment for seven days. They are further convicted for the offence punishable under Section 201 r/w. 34 of the Indian Penal Code and each are sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs.1,000/ each, in default to suffer simple imprisonment for one month. All the sentences are directed to run concurrently.

(2.) In brief, the case of prosecution can be stated as follows :

(3.) PW6 Awadhesh Tripathi, P.I. took over investigation in the present crime; during the course of which, he sent accused no.2 Mukinda to Rural hospital, Risod as he was found to have sustained injury and visited the spot and in the source of light, found one person lying dead in front of house of accused no.2 Mukinda. The spot was guarded by police throughout night. In the morning, Spot panchanama was well as Inquest panchanama are prepared vide Exh. Nos. 21 and 38 respectively and dead body was forwarded for post mortem under duty pass issued to Head Constable and requisition memo as per Exh. Nos. 44 and 45. At around 11.00 a.m., PW2 Rajiv Choudhary, Police Constable, Dog Handler arrived on the spot along with dog Heera with whose help further investigation was carried out. Report in this respect is on record at Exh. 23.