SHANKAR MAHIA ANDHER Vs. UNION OF INDIA

JUDGEMENT

(1.) THE appellant convicted under Section 302 of the Indian Penal Code and sentenced to life imprisonment by the judgment and order dated 12th August, 1994 delivered by the learned Sessions Judge, Dadra and Nagar Haveli, Silvassa, in Sessions Case No. 9 of 1993, has preferred this appeal impugning his conviction and sentence.

(2.) ORIGINALLY , there were four accused who are interrelated. The accused No. 2 is the son of the accused No. 4 and the accused Nos. 1 and 3 are husband and wife. Accused No. 1 is the first cousin of accused No. 2 and nephew of accused No. 4. The date of the incident is 28.6.1993 when one Lallu Maria Andher, son of accused No. 4 and brother of accused No. 2, was murdered. Deceased Lallu was thus the first cousin of the appellant. The appellant (original accused No. 1) was charged for the offence of murder of deceased Lallu under Section 302 of the Indian Penal Code. The remaining accused, being accused Nos. 2, 3 and 4 were charged for offence under Section 302 read with Section 114 of the Indian Penal Code for having abetted and instigated the appellant for committing the murder of deceased Lallu. By the impugned judgment and order dated 12th August, 1994, the learned Sessions Judge had acquitted the accused Nos. 2, 3 and 4 and convicted the appellant original accused No. 1 for offence under Section 302 of the Indian Penal Code and sentenced him to life imprisonment.

(3.) THE dead body was sent for post -mortem which was conducted by P.W. 1 Dr. Maganbhai on 29.6.1993 between 9.15 a.m. and 10.10 a.m. The post -mortem examination report is at exh. 10. After the postmortem examination, the dead -body and the clothes of the deceased were handed over to the head constable. The clothes of the deceased (muddemal articles No. 4 and 5) were attached under panchanama (exh. 27). The statements of ten more witnesses were recorded by Investigating Officer, Rathod on 30th June, 1993. The statement of P.W. 6 was recorded on 1st July, 1993. The accused No. 4 was arrested on 8.7.1993 while the accused No. 3 was arrested on 9.7.1993. On 29.7.1993 the muddemal articles and blood samples of the deceased and all the accused were forwarded to the Director of Forensic Science Laboratory at Ahmedabad along with forwarding letter at exh. 32. On 21st September, 1993, the post -mortem report was received by the I.O. and on 24th September, 1993 charge -sheet had been filed in the Court of the Chief Judicial Magistrate at Silvassa. The report from the Director of Forensic Science Laboratory (exh. 33) was received on 24.12.1993. As the offence was exclusively triable by the Court of Sessions, the case was committed to the Sessions Court on 17.10.1993.