- (1.)The appellant, who stands convicted for an offence punishable under Section 302 of Indian Penal Code and sentenced to imprisonment for life and to pay fine of Rs.500/-, in default of which, to undergo rigorous imprisonment for one month, by the 1st Ad hoc Additional Sessions Judge, Nagpur, by judgment dated 7/1/2005, in Sessions Trial No. 327/2002, by this appeal questions the correctness of his conviction and sentence.
(2.)Such of the facts as are necessary for the decision of this appeal may briefly be stated thus : P.W.7 P.S.I. Kewat, who was attached to Sitabuldi Police Station on night duty on 12/3/2002 from 9 p.m. to 9 a.m. of 13/3/2002, received a message from P.S.I. of Police Station, Imamwada that the appellant had come to the Police Station and confessed to his having committed murder of his wife Sunita on the North Ambazari road. P.W.7 P.S.I. Kewat accordingly deputed P.S.I. Chauhan and P.S.I. Chaudhari to go to the scene of the incident. The aforesaid Police Officers had removed the injured lady to the Government Medical College and Hospital, Nagpur and P.S.I. Chauhan lodged a complaint at the Police Station. The said complaint is at Exh. 44 and on the basis of the aforesaid complaint, an offence came to be registered against the appellant. The printed copy of the First Information Report is at Exh. 45. P.W.14 Maroti Shende, P.I., who was at the relevant time attached to Police Station, Sitabuldi, received the case diary of Crime No. 144/2002, which has been registered against the appellant. He proceeded to the scene of the incident and drew the scene of the offence panchanama at Exh. 32 in the presence of panch witnesses. One handkerchief and one knife, which were lying at the scene of the incident, came to be seized. Sample of ordinary mud and blood stained mud also came to be seized. The appellant came to be formally arrested and clothes on his person, namely, Article 6 shirt and Article 7 pant came to be seized vide seizure memo at Exh. 59. The appellant was referred for medical examination and for drawing the blood sample. The aforesaid blood sample came to be seized in the presence of the panch witnesses vide seizure memo at Exh. 62. Clothes of deceased Sunita came to be seized vide seizure memo at Exh. 58. The articles were referred to the Chemical Analyser along with a requisition at Exh. 65. The arrest panchanama of the appellant is at Exh. 67. Statements of witnesses came to be recorded and further to the completion of investigation, a charge-sheet came to be filed.
(3.)On committal of the case to the Court of Sessions, the trial Court vide Exh. 7 framed charge against the appellant for offence punishable under Section 302 of Indian Penal Code. The appellant denied his guilt and claimed to be tried. The prosecution in support of its case, examined 14 witnesses. The defence of the appellant/accused was of denial. The trial Court accepted the prosecution evidence and convicted and sentenced the appellant as aforestated.