Advocates:
['AVDHESH S KESARI', 'SUMIT G JOSHI APPOINTEDSUMIT G JOSHI APPOINTED', 'ASHWIN M WASNIK', 'APPELLANT', 'SUMIT G JOSHI APPOINTED', 'APP']

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apl422.16(1).odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR

CRIMINAL APPEAL NO. 422 OF 2016

Amit @ Pappu S/o Ramaji Budhbawre, (in Jail)

Aged About 27 years, Occup. Labour,

R/o Punapur, Nagpur.

. . APPELLANT

..V E R S U S..

State of Maharashtra,

Through P.S.O. Kalamana,

Police Station, Kalamana,

Nagpur

. . RESPONDENT

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Shri A.M. Wasnik, Advocate for the Appellant.

Shri S.S. Doifode, A.P.P for the Respondent.

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CORAM : Z. A. HAQ AND

AMIT B. BORKAR, JJ.

DATED :- 12.10.2020.

ORAL JUDGMENT (PER : AMIT B. BORKAR, J.) :

1.

Through this appeal, the appellant has challenged the

judgment and order dated 09.12.2015 passed by the Additional

Sessions Judge-4, Nagpur, in Sessions Trial No.346 of 2012, convicting

and sentencing the accused to undergo imprisonment for life and to

pay fine of Rs.5000/- for an offence punishable under Section 302 of

the Indian Penal Code and in default payment of fine to undergo

simple imprisonment for six months; rigorous imprisonment for six

months and to pay fine of Rs.1000/- for an offence punishable under

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Section 324 of the Indian Penal Code, in default of payment of fine to

undergo simple imprisonment for two months.

2. In short, the prosecution case runs as under :

On 17.12.2011 at 11.00 p.m., the accused went to the

house of Informant by taking chicken and told his wife Sunita

(deceased) to prepare the chicken. Sunita (deceased) prepared

chicken and after taking supper at 12.30 a.m., the accused demanded

documents of plot in the name of Sunita. Deceased Sunita told the

accused that she will give the documents in the morning but, the

accused insisted to give the documents immediately. The accused

started abusing deceased Sunita. Informant - Ramu Bhoyar intervened

in the quarrel, therefore, the accused assaulted Informant by knife on

his head above the ear and also assaulted deceased Sunita by knife and

hoe. Afterwards, the Informant - Ramu Bhoyar went to the Police

Station, Kalamana and police referred him to Mayo Hospital. After

assaulting deceased Sunita, the accused picked her up on his shoulder

and took her to Mayo Hospital by auto-rickshaw. Thereafter at Mayo

Hospital, P.S.I. G.S. Kolekar recorded the statement of the Informant

and after getting Certificate from the doctor, Informant went to the

Police Station and registered F.I.R., vide Crime No.241/2011 for

offences punishable under Sections 307 and 324 of the Indian Penal

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Code. P.S.I. Kolekar carried out an investigation and visited the spot,

recorded spot panchanama and seized simple soil, blood mixed soil

and spects. Sunita thereafter expired and, therefore, an offence

punishable under Section 302 of the Indian Penal Code was registered

against the accused. P.S.I. Kolekar seized clothes of injured Ramu

Bhoyar and deceased Sunita and prepared seizure form. He arrested

the accused and prepared the arrest form. The accused was examined

medically and his blood sample was collected. The clothes of the

deceased were seized and seizure form was prepared. Knife, hoe and

sweater of the deceased were recovered at the instance of the accused

and seizure panchanama was prepared. The statements of witnesses

were recorded. All muddemal was sent for chemical analysis. After

completion of the investigation, charge-sheet was filed before the

Judicial Magistrate First Class, Court no.3, Nagpur. The case was

committed to the Court of Sessions as the offence under Section 302 of

the Indian Penal Code is exclusively triable by the Court of Sessions.

3.

The charges were framed against the accused of offences

punishable under Sections 302 and 324 of the Indian Penal Code,

which was read over and explained to the acc