SADASHIV BABU PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The conviction of the appellants-original accused by the learned trial court in Sessions Case No.169 of 1993, dated 29th March, 1997, for the offence punishable under section 302 of the Indian Penal Code (for short 'IPC'), is impugned in the present criminal appeal.

(2.) The prosecution case can be summarised as follows :-

(3.) The prosecution in support of its case, examined 9 witnesses. PW-1 Balechand Miraso Momin is the panch witness of seizure of clothes of the accused (Exhibit 20). PW-2 Avubai, the wife of deceased, who is the informant and PW-3 Sampatti, the daughter of the deceased are the eyewitnesses. PW-4 Bajirao Gaikwad and PW-5 Ramesh Patil are the panch witnesses of house search of the accused, have turned hostile. PW-6 Rajekhan Mullani and PW-7 Govind Sankpal are the eyewitnesses, but they have not supported the prosecution case and were declared hostile. PW-8 P.S.I. Ananda Gurav is an Investigating Officer and PW-9 P.C. Satish Bhosale is the carrier of articles to the Chemical Analyser.