VANAPPA SADASHIV PUJARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) SINCE these connected criminal appeals arise out of the same set of facts and a common impugned judgment we are disposing them off by one common judgment.

(2.) THROUGH these appeals the Appellants challenge the judgment and order dated 21.8.1995 passed by the 2nd Additional Sessions Judge, Kolhapur, in Sessions Case No. 93/94, convicting and sentencing them in the manner stated hereinafter: i)Under Section 302 read with 34 IPC to suffer imprisonment for life; and ii)Under Section 201 read with 34 IPC to suffer 3 years rigorous imprisonment and to pay a fine of Rs. 500/- in default to suffer one month's rigorous imprisonment. The substantive sentences were ordered to run concurrently.

(3.) THE autopsy on the corpse of Dattatraya Jadhav was conducted on 8.10.1993 between 3 p. m. to 7 p. m. , Dr. Anil Kavathekar p. w. 17 who found it to be highly decomposed. During the post-mortem he found fracture of hyoid bone and opined that the probable cause of death was asphyxia, due to the said fracture. In his opinion the said injury was sufficient in the ordinary course of nature to cause death.