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905apeal452o16Judgment

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CRIMINAL APPEAL NO.452 OF 2016

Mahesh s/o Vasant Chilwante,

Age : 31 years, Occupation : Labour,

R/o Ratnapur, Taluka Kallam

District Osmanabad.

...APPELLANT

(Orig. Accused)

-VERSUS-

The State of Maharashtra.

...RESPONDENT

...

Shri N.R. Shaikh, Advocate for the appellant (appointed).

Shri S.D. Ghayal, APP for the respondent/ State.

...

CORAM : RAVINDRA V. GHUGE

&

B. U. DEBADWAR, JJ.

DATE :- 25^th February, 2021

JUDGMENT (Per Ravindra V. Ghuge, J.)

: -

1.

The appellant, by this appeal, seeks to challenge the judgment

and order dated 12.02.2016, delivered by the learned Additional Sessions

Judge-3, Osmanabad, in Sessions Case No.21/2015, vide which, the

appellant was convicted for having committed an offence punishable

under Section 302 r/w Section 201 of the Indian Penal Code and was

sentenced to undergo rigorous imprisonment for life.

2.

On 01.11.2018, this Court had passed the following order in

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Criminal Application No.4056/2016 and had suspended the sentence and

enlarged the appellant on bail :-

“1.

Present application has been filed by the original accused

for suspension of sentence awarded to him in Sessions Case

No. 21 of 2015, for the offences punishable under Section

302, 201 of Indian Penal Code by learned Additional

Sessions Judge – 3, Osmanabad.

2.

The prosecution had come with a case that, an information

was received from one Kiran Mahadeo Lagdive of village

Shekapur Tq. Dist. Osmanabad that, he being the Vice

President of Tanta Mukti Abhiyaan received message from

one Prashant Bhairunath Shingare at about 08.00 to 08.30

a.m. on 20-12-2013 that a dead body of an unknown male

person is lying under Babul tree near the bandh of his field.

The dead body was covered with a bedspread. Upon this

information, he transmitted the said information to police.

API Vitthal Chandu Kale of Rural Police Station,

Osmanabad went to the said place. Spot panchanama was

carried out, thereafter inquest panchanama was carried out

and then the dead body was sent for post mortem. After

receipt of the post mortem report, the FIR was lodged. At

the time of drawing spot panchanama, API Vithal Kale had

seized a butt of cigarette, blood stains over the stone,

residue of stone, simple earth and the bed-sheet having

blood stains as well as footwear. After the post mortem was

over, the clothes on the dead body of a male person namely

pant, shirt, sweater, baniyan, handkerchief as well as chit

was seized by drawing panchanama. It was stated in the

chit that the it is written by Ganesh Keshav Shelke Tq.

Faltan Dist. Satara that, one Shivaji Mohan Vidhate, Anand

Mohan Vidhate and Hanuman Nagnath Vidhate attempted

to kill him. Further from the wallet a ticket from Miraj to

Tasgaon dated 19-12-2013 was seized. Further

investigation was taken up and basically the offence was

registered against unknown accused. Thereafter, after the

wallet containing the name of the accused was found,

accused was arrested, his house was searched. The

handwriting in the chit is stated to be of the accused and it

has been identified by P.W.5 the brother-in-law and P.W.8

Seema ex-wife of accused. Thereafter, the sample of saliva

of the accused was taken, the seized articles were sent for

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chemical analysis, the chit as well as specimen handwriting

of the accused were sent for the opinion of the handwriting

expert. After conclusion of the investigation, when it was

transpired that, even from the DNA report the profile

matched with the accused, charge-sheet was filed.

3.

Accused had pleaded not guilty, trial has been conducted.

Taking into consideration the evidence on record and

hearing both the sides, the learned trial Court has held the

accused guilty of committing murder and thereby

sentenced the accused to undergo rigoro