THE STATE OF MAHARASHTRA Vs. KRISHNA SANDHU PACHE & ORS.
LAWS(BOM)-2017-6-179
HIGH COURT OF BOMBAY (AT: AURANGABAD)
Decided on June 08,2017

THE STATE OF MAHARASHTRA Appellant
VERSUS
Krishna Sandhu Pache And Ors. Respondents

JUDGEMENT

S.S.SHINDE,J. - (1.) This Appeal is filed by the appellant State, challenging the judgment and order of acquittal passed by the Sessions Judge, Aurangabad on 29th May, 1999 in Sessions Case No.52/1999.
(2.) The prosecution case in nutshell is as under: Sominath Pache, victim, belonged to a family, which had some dispute with the accused about using a path through the field of the accused. A few days before the incident, members of the family of Sominath had been obstructed from using the said path and this had led to report being given to the Police Station, Karmad. On 16th October, 1998, in the morning Sominath was proceeding to the village for purchasing oil, when he was passing by the field of the accused Uaddhav and Krishna, both of them obstructed Sominath, and prevented him from proceeding further. Uddhav hit Sominath with a stick on back. Accused Krishna, Uddhav, Bhagchand and Pandharinath administered some insecticide to the Sominath. At that time, accused Samindrabai, Gitabai and Asrabai were abusing Sominath. Upon seeing Sominath Pache who administered insecticide to Sominath, wife of victim namely Subhadrabai and her motherin law Sonabai and one Sumanbai rushed to rescue Sominath and made him drink buttermilk. Suryabhan came there, and asked Sominath about the incident whereupon Sominath was reported to have told Suryabhan that, accused had administered insecticide to him. Sominath was carried in a bullock cart to village, and thereafter, he was carried in a tempo to the Hospital at Aurangabad. But, Sominath breathed his last on the way of Hospital. Therefore, the dead body of Sominath was brought back to his village. On report lodged by the wife of Sominath, namely Subhadrabai, an offence was registered and investigation was commenced.
(3.) During the course of investigation, the police performed inquest panchnama and sent the dead body for postmortem examination. The Medical Officer preserved viscera and reserved opinion. The viscera was sent to the Forensic Science Laboratory. An expert opined that, organochloro insecticide Endosulfan was found in the viscera. Upon receipt of this report, the Medical Officer gave death certificate stating that, the death was due to poisoning due to consuming organochloro insecticide endosulfan. During the course of investigation, the Police performed spot panchnama and also recorded the statements of witnesses. The accused persons had been arrested. The accused Bhagchand allegedly agreed to produce the bottle of insecticide, which he claimed to have been thrown on the rubbish heap. A memorandum of his statement was made, and the bottle was subsequently recovered and seized. Accused Krishna agreed to produce the sticks used in assaulting Sominath. A memorandum was made, and the sticks were seized upon their being pointed out by the accused Krishna. The incriminating articles were seized including the clothes of the deceased, which were sent to the Forensic Science Laboratory. The reports from the Laboratory were received, and on completion of the investigation, the charge sheet was filed.;


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