P.V. Hardas, J. - (1.) THE appellant who stands convicted for the offences punishable under Sections 302 and 201 of the Indian Penal Code and sentenced to suffer imprisonment for life and to pay fine of Rs. One Thousand in default of which to undergo further simple imprisonment for three months and rigorous imprisonment for seven years and fine of Rs. One Thousand in default to undergo rigorous imprisonment for three months, respectively, by the Special Judge (C.B.I.) and Additional Sessions Judge -3, Amravati by judgment dated 24.06.2013 in Sessions Trial No. 170 of 2010, by this appeal challenges his conviction and sentence.
(2.) BRIEFLY stated, the facts which are necessary for deciding the appeal are thus: "P.W. 3 Ramesh Sakharkar, father -in -law of the appellant had noticed the appellant going to the field of P.W. 3 Ramesh on 25th October, 2009 at about 12.00 p.m. with unknown person who was the pillion rider. Thereafter on 27th October, 2009 P.W. 3 Ramesh went to his agricultural field and noticed dead body in his well as well as noticed certain wooden logs in the well. P.W. 3 Ramesh accordingly contacted P.W. 1 Gopal Thote, Police Patil of village Bhilli. P.W. 1 Gopal accordingly went to the Police Station and lodged his report at Exh. 20." P.W.17 PSI Limbaji Pawar, who was attached to Police Station, Dattapur, recorded report of P.W. 1 Gopal on 27.10.2009 at Exh. 20. On the basis of the report of P.W. 1 Gopal accidental death was registered by HC B. No. 461. The report regarding accidental death is at Exh. 66. Pursuant to the registration of the accidental death P.W. 70 PSI Pawar drew the scene of incident panchnama and had taken the dead body out of the well. The scene of incident panchnama is at Exh. 67. The dead body was found to have sustained injuries on the forehead and an inquest panchnama was accordingly drawn in the presence of panchas at Exh. 14. The wooden logs and liquor bottle were removed from the well in presence of the panchas and seizure memo was accordingly drawn at Exh. 68. The dead body was then referred for post mortem examination. After the post mortem examination clothes of the deceased were seized in presence of panchas under the seizure memo at Exh. 59. In the result of the inquiry under the accidental death, conclusion was arrived that the deceased has been killed and accordingly P.W. 17 PSI Pawar submitted his report at Exh. 70. Offence vide Crime No. 80/2009 was registered under Sections 302 and 201 of the Indian Penal Code against unknown persons. Further investigation was thereafter entrusted to P.W. 13 Deputy Superintendent of Police Devoki Uike. P.W. 13 Devoki Uike who was also attached to Dattapur Police Station was entrusted with the investigation of the said crime. She arrested the appellant under Arrest Panchnama at Exh. 39. On the same day statements of witnesses were recorded. During custodial interrogation the appellant expressed his willingness to point out the place i.e. well as well as stones which had been thrown in the well. Memorandum was accordingly recorded at Exh. 40 in the presence of the panchas. The appellant laid the police and the panchas to the field of P.W. 3 Ramesh pointing out the well as also stones which had been thrown in the well. With the aid of a motor pump the water was pumped out of the well and certain stones weighing 20 to 22 kgs and other weighing 10 kg. were removed from the well. The said stones were seized in presence of the panchas under the seizure panchnamas at Exhs. 41 and 42, respectively. P.W. 3 Ramesh had disclosed the registration number of the motorcycle on which he had seen the appellant and the unknown person and therefore, the motorcycle was seized from the owner i.e. P.W. 8 Manoj Parimal under seizure memo at Exh. 43. Statements of witnesses were recorded under Section 164 of the Code of Criminal Procedure. P.W. 14 Shrikant Bhoge, Mandal Adhikari was requested to draw a sketch of the incident and accordingly sketch was drawn at Exh. 50 which was sent to the Police Station under covering letter at Exh. 49.
(3.) P .W.16 PI Bhikaji Dhavale, who was also attached to Dattapur Police Station, was entrusted with the further investigation. He recorded statements of witnesses and further to the completion of the investigation submitted chargesheet against the appellant.;