INDIRA JAIN,J. - (1.) This appeal is preferred by Appellant - Accused against the judgment and order dated 29-11-2014, passed by the learned Ad hoc Additional Sessions Judge, Kelapur, in Sessions Trial No. 22 of 2013. By the said judgment and order, learned Additional Sessions Judge convicted the Appellants for the offences punishable under Sections 302, 201 and 203 read with Section 34 of the Indian Penal Code and sentenced the accused as under :- JUDGEMENT_103_LAWS(BOM)12_2016.jpg Learned Additional Sessions Judge directed that all the sentences of imprisonment shall run concurrently.
(2.) For the sake of convenience, we shall refer Appellants in their original status as Accused nos.1 and 2 as were referred before the trial Court.
(3.) Prosecution case briefly stated is as under :- i] Deceased Ravindra Nibrad was husband of Accused no.1-Sheela. They were residing at Krushnapur, Taluka Wani, District Yavatmal. The couple had two sons Vishal and Vikram. ii] Incident occurred on 22-02-2013 between 10.00 pm and 11.30 pm. After dinner Accused no.1- Sheela and her both the sons went to sleep at about 10.00 pm. Ravindra was outside the house. At around 11.00 - 11.30 pm. Sheela woke up and noticed blood stains on the adjoining cot. She came out of the house and saw her husband Ravindra lying near the fencing in injured condition in a pool of blood. She also saw a big knife in the left hand of Ravindra. Sheela called the neighbourers. They found Ravindra dead. Accused no.1 reported the incident to Police Station Shirpur. She stated in the said report that some unknown person had committed murder of her husband. On the basis of report of Accused no.1 Crime No.11 of 2013 was registered against unknown person. API-Mukund Kulkarni (PW-8) took over investigation. iii] Investigating Officer visited the spot and recorded spot panchanama in the presence of panchas. Knife found in the left hand of deceased, blood stained pieces of Newar, blanket, bed sheet, simple earth and earth mixed with blood came to be seized under seizure panchanamas. iv] API Kulkarni then drew inquest panchanama and sent the dead body for postmortem to Rural Hospital, Wani through Police Constable Sanjay, B.No.1092 of Police Station Shirpur. v] Dr. Madhuri Kamble was Medical Officer on duty. On 23-02-2013 she performed postmortem at 11.45 am. Multiple injuries were found during postmortem. Medical Officer opined cause of death due to hemorrhagic shock due to injury to heart. vi] Investigating Officer interrogated brother and father of the deceased. They expressed suspicion on informant Sheela (Accused no.1). It was revealed during investigation that Accused no.1 had extra-marital relations with Accused no.2 Raju Wasekar. This was not liked by Ravindra. Witness Dhanraj Madavi was interrogated. After recording statements of witnesses it came to the light that Accused no.1 Sheela with the help of Accused no.2 Raju Wasekar committed murder of Ravindra. Both the Accused were arrested and clothes on their person were seized. They were referred for medical examination and their blood samples were collected. vii] The clothes of the deceased and viscera brought from the hospital produced by Police Constable Sanjay were seized and seizure memo was accordingly drawn. viii] On 25-02-2013 statement of Vishal (PW-4) a 14 year old son of the deceased and Accused no.1 was recorded. From the statement of Vishal investigating agency could come to know that he was an eye witness to the incident. Statement of Vishal under Section 164 of the Code of Criminal Procedure was recorded on 27-02-2013 by the Judicial Magistrate First Class, Wani. ix] A letter was issued to M.S.E.D.C.L. to furnish information about existence of electric supply at the time of incident. In response to the letter it was informed by the Authority that at the relevant time there was electricity supply to the place of occurrence. Map of spot was prepared by Tahsildar at the request of Investigating Officer. Call Details Record came to be collected. Seized muddemal was sent to Forensic Science Laboratory. During investigation statements of several other witnesses were recorded. On completing investigation chargesheet was filed before the Judicial Magistrate First Class, Wani, who in turn committed the case for trial to the Court of Sessions. ;