ANAND AUGSTIN BHAMBAL Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant-original accused No. 1, in Sessions Case No. 165 of 2005, who stands convicted, by Ad-hoc District Judge-1, Kalyan, by judgment dated 12.9.2007, for the offence punishable under Section 302 and sentenced to suffer rigorous imprisonment for life and to pay fine of Rs. 2.000/- in default to suffer rigorous imprisonment for 8 months and also under Section 392 of the IPC and sentenced to suffer rigorous imprisonment for 7 years and to pay fine Rs. 1,000/- in default further to undergo rigorous imprisonment for six months, by this appeal challenges his conviction and sentence. The facts, as are necessary, for the decision of this appeal may be stated as follows:-

(2.) Accordingly, on 4.7.2005, P.W. 2 Spruha and P.W. 1 Bimba, her mother went to Kalyan Railway Station under the guise of purchasing vegetables. There they waited for some time. However, the appellant did not turn up. At about 12.30 p.m., when they returned to their house, they found the door open. When they went inside, they noticed the dead body of Bhagwan lying on the cot with his legs tied with saree. They also noticed that he has sustained several injuries on his person. Immediately they took him to Shridevi Hospital where he was declared dead. After returning to the house, P.W. 1 Bimba and P.W. 2 Spruha found that cash amount of Rs. 2500/-, gold rings, gold necklace and some other articles were stolen from the house. P.W. 1 Bimba, therefore, reported the matter to the police.

(3.) P.W. 15 PSI Adhagale, who, at the relevant time was on duty at Kolshewadi Police Station, recorded the complaint of P.W. 1 Bimba and on the said complaint, he registered C.R. No. 145 of 2005 against the unknown person. Alongwith P.W. 1 Bimba, he visited the spot and made inquest panchanama of the dead body vide Exh. 77A and referred the dead body for postmortem.