- (1.) Leave granted.
(2.) Challenge in this appeal is to the judgment of the Division Bench of the Bombay High Court, Aurangabad Bench, upholding the conviction of the appellant for offences punishable under Section 302 of the Indian Penal Code, 1860 (in short the "IPC").
(3.) Background facts in a nutshell are as follows: Paridharinath Vaidya (P.W.7), P. S. I. attached to M.1.D.C. Police Station, Jalgaon, recorded the complaint of Sumanbai (P.W. 1) on l5th June, 2002. On the basis of the said complaint, an offence vide crime No.136 of 2002, under Section 302 of Indian Penal Code, 1860 (in short "IPC"), was registered. Inquest Panchanama came to be drawn in the presence of Sunanda (P.W.2) of the dead body of Devkabai (hereinafter referred to as "deceased"). The dead body was thereafter referred for post-mortem examination and post- mortem was conducted by Dr. Chaudhari (P.W.6). According to Dr. Chaudhari, the cause of death was shock due to head injury. P. S. 1. Pandharinath Vaidya, thereafter, drew the scene of the offence Panchanama in the presence of Sanjay (P.W.3) and seized from the scene of the offence a wooden log, control soil and blood mixed soil. He thereafter, recorded the statements of the two minor sons of deceased Devkabai viz. Rahul (P.W.4) and Sunil (P.W.5). Clothes of deceased Devkabai came to be seized by Panchanama. The Appellant was arrested and arrest Panchanama was drawn. The clothes, which were on the person of the appellant, also came to be seized and the same are Article Nos.5 and 6. The seized property was referred to the Chemical Analyzer at Aurangabad vide requisition. Further to the completion of investigation, a charge sheet against the appellant, came to be filed.;