RAMCHANDRA BHIVA BHUWAD Vs. STATE OF MAHARASTHRA

JUDGEMENT

(1.) Feeling aggrieved with and dissatisfied by the judgment of conviction passed by the learned Additional Sessions Judge, Greater Mumbai, thereby, convicting the appellant under section 302 of the Indian Penal Code (for short I.P.C), sentencing him to suffer rigorous imprisonment for life, the present appeal has been preferred, amongst following facts and grounds.

(2.) Briefly stated, the prosecution story is as follows: On 12th April, 1993, at about 13 hours, information was received by Jogeshwari Police Station that a dead body of an unknown woman was lying near a streamlet (nala), Chacha Nagar Service Road, Jogeshwari (East). A station diary entry was effected and P.W.8-Dattatraya Patil along with P.S.I Sawant and other staff rushed to the said place. A gunny bag was lying near the streamlet. On opening the same, a dead body of a woman was noticed. There were signs of injuries on her person. Her tongue was protruding out. An First Information Report (for short F.I.R) came to be registered on the basis of the statement given by P.W.8- Dattatraya Patil which is proved at Exhibit 19. An offence came to be registered vide C.R. No.87 of 1993 under section 302 r/w 201 of the I.P.C against unknown persons.

(3.) Two Panch witnesses were summoned, in whose presence, an inquest was drawn. The deceased was without legs. She was wearing a Saffron coloured blouse, white coloured petticoat, underwear and brassiere. A handkerchief was also found lying near her body. The Police had also noticed two jute clothes, two ropes and one big stone which came to be recovered under the panchnama. The deceased had plastic bangles with gold coating and red glass bangles. There was a pair of earrings. All the articles were seized under panchanama (Exhibit 7) and marked as Articles-1 to 12. When the Panchanama was being drawn, accused No.2 (who came to be acquitted by the trial Court) came at the scene and identified the deceased as her sister namely, Anusaya Shinde. The dead body was sent for postmortem.