MADAN RAMKISHAN PANCHAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) RULE made returnable forthwith. Taken up for final hearing with the consent of the parties.

(3.) THE present petitioners are prosecuted for having committed an offence punishable under section 302 read with 34 of the Indian Penal Code. They are being tried before the learned Sessions Judge, Nanded. Wamanrao Mundhe and Apparao mundhe were called to act as panchas in the matter of recovery of knife under section 27 of the Indian Evidence act. According to prosecution, accused Madan Panchal while in police custody made a confessional statement on 17-4-1998 before the abovenamed panchas and police that he would point out the place where the knife was concealed. While recording the oral evidence of panch witness Wamanrao Mundhe, the learned 3rd Additional Sessions Judge, Nanded recorded admissible portion of the statement leading to discovery of concealed weapon along with inadmissible portion. The said statement is as under :