SACHIN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal takes exception to the judgment and order dated 2/7/2016 passed by Sessions Judge, Wardha in Sessions Case No.263/2013 whereby appellant/accused came to be convicted for the offence punishable under Sec. 302 of Indian Penal Code and sentenced to undergo imprisonment for life and to pay fine of Rs.5000.00 and in default, to suffer simple imprisonment for one year. He is further convicted for the offence punishable under Sec. 452 of Indian Penal Code and sentenced to suffer rigorous imprisonment for 6 months and to pay fine of Rs.3000.00 and in default, to suffer simple imprisonment for 6 months. Both the sentences are directed to run concurrently.

(2.) The prosecution case, in brief, is that P.W.1 Pratibha, complainant is daughter of deceased Pancham and they were residing together. On 5/8/2013 in the evening, Rakesh Fulkar, brother of accused, demanded back amount, which was borrowed by deceased Pancham from him and which deceased Pancham could not repay and, therefore, gave slap to deceased Pancham. Admittedly, no complaint of such incident is lodged. In the background of above facts, it is the further case of prosecution that on 6/8/2013, in the morning after complainant went to field and deceased Pancham was in his house, complainant's cousin Ravi alias Shailendra (not examined) came to field and informed her that her father was not keeping well. She, therefore, immediately rushed back to home and learnt that her father was taken to Sub-District Hospital, Hinganghat. Therefore, she along with Shailendra visited said Hospital where she was informed that her father was taken to Sevagram Hospital. While at Hinganghat Hospital, P.W.2 Surendra, nephew of deceased Pancham, informed that her father was assaulted by accused by stick, stone and sharp edged weapon on various parts of his body by entering in his house. On receiving such information, she visited Hinganghat Police Station and lodged report (Exh. 20), upon which P.W.9 PSI Sunil Pathak registered offence vide Crime No.253/2013, of which initial investigation was carried out by P.I. Bhandare, who prepared spot panchanama (Exh. 49) and seized articles from the spot under seizure panchanama (Exh. 50) and effected arrest of accused on the same day vide arrest panchanama at Exh. 63. Further investigation was carried out by P.W.9 PSI Sunil Pathak. On receiving information about death of Pancham on 7/8/2013, offence punishable under Sec. 302 of Indian Penal Code came to be added in the present crime. After forwarding body for post mortem, statements of witnesses were recorded and accused was referred for medical examination and collecting samples. After conducting usual investigation, memorandum of statement of accused came to be recorded vide Exh.40 wherein he confessed to discover one stick and clothes concealed in the cattle shed behind his house, which articles came to be seized under seizure panchanama (Exh. 41). In addition to above investigation, Investigating Officer made query to Medical Officer vide Exh. 35 and the report is on record at Exh. 36 about possibility of injuries by the articles seized. During the course of investigation, post mortem report (Exh. 60) was received and the muddemal articles were forwarded to Chemical Analyser and the Chemical Analyser's reports are at Exhs. 75 to 77. On completion of investigation, charge-sheet came to be filed before competent Court. In the course of time, it was committed to the Court of Sessions for trial.

(3.) Charge was framed against accused vide Exh. 10 for the offences punishable under Sections 302 and 452 of Indian Penal Code, to which he pleaded not guilty. However, he did not examine any defence witness.