RADHESHAM GOVARDHAN BHAGAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS Criminal Appeal filed by the appellant accused is directed against the order of conviction and sentence passed by the learned Additional Sessions Judge, Latur. The appellant accused was prosecuted for having committed offences punishable under Section 302,307 and 354of IPC. Learned Additional Sessions Judge has held that the appellant accused has committed offences punishable under Section 302,307 and 354 of IPC. The learned Additional Sessions Judge has convicted the appellant accused under section 302 of IPC and sentenced him to suffer imprisonment for life and to pay a fine of Rs. 1,000/-, in default to suffer rigorous imprisonment for six months, and under section 307of I. P. C. , to suffer rigorous imprisonment for three years and to pay fine of Rs. 1000/-, in dafault to suffer rigorous imprisonment for six months. No separate sentence is awarded under Section 354 of IPC.

(2.) FEELING aggrieved by the order of conviction and sentence, the original accused has preferred this Criminal Appeal.

(3.) ACCUSED was arrested on 9.2.1993, at about6 p. m. He was examined by Dr. Ashok Sangvikar, PW 9, on 11.2.1993 and issued certificate, Ex. 26. Because of the disclosure statement made by the accused, a bloodstained pant was recovered on 15.2.1993. The pant found concealed inside a stack of fodder. The said pant was attached under panchnama, Ex. 30. Incriminating articles were attached and same were despatched to Chemical Analyser for the purpose of examination. Chemical Analyser's reports are at Ex. 51 to Ex. 53. After completion of necessary investigation, investigating officer Vitthal Gite, PW 18, sent up the chargesheet against the accused. On being committed, the accused stood his trial for the offences punishable under Sections 302, 307 and 354 of IPC.