A.I.S. Cheema, J.

1. The appellant-accused Shivaji Nanasaheb Shinde has been convicted for offence punishable under Sections 302 and 201 of the Indian Penal Code, 1860 (“IPC” in brief) by Judgment dated 12.05.2000 by Additional Sessions Judge Kopargaon, in Sessions Case No.2/2000. For offence under Section 302 of IPC, he has been sentenced to suffer imprisonment for life and to pay fine of Rs.1,000/- and in default to suffer simple imprisonment for one year. For offence punishable under Section 201 of IPC, he has been sentenced to suffer rigorous imprisonment for five years and to pay fine of Rs. 500/- and in default to suffer simple imprisonment for six months.

Case of the Prosecution

2. Case of the prosecution in brief may be stated to be as under:-

(a) In the night between 05.10.1999 to 06.10.1999, the Head Constable Prakash Eknath Taware of Police Station, Kopargaon received memo from Medical Officer, Kopargaon that Shivaji Nanasaheb Shinde (later on made accused) was admitted in the hospital with history of assault by thieves. Police Constable then went to the hospital which is near Police Station and recorded the statement of Shivaji. He informed that he resides at Ch