PREMCHAND Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal, by special leave, calls in question the judgment and order dtd. 6/8/2019 of the High Court of Judicature at Bombay, Bench at Nagpur, whereby Criminal Appeal No 211 of 2016 carried by the appellant assailing his conviction under sec. 302, Indian Penal Code, 1860 (for brevity 'IPC') and sentence of life imprisonment with a fine of Rs.6,000.00 and a default sentence of one year as well as sentence of seven years of rigorous imprisonment and fine of Rs.4,000.00 for the offence punishable under sec. 307, IPC was dismissed.

(2.) The prosecution case was that Nandkishor Korde (for brevity 'the victim') was murdered on 26/9/2013 at around 5:00 pm by the appellant. The other three victims, namely Namdeo Korde (P.W.2), Vilas Charde (P.W.3), and Kunal Babhulkar (P.W.4) received stab injuries caused by a knife, also inflicted by the appellant. A report was lodged soon thereafter by the mother of the victim Rekhabai Korde, (P.W.1), leading to registration of an F.I.R. under Sec. 302 and 307, IPC. The post-mortem report dtd. 27/9/2013 (Ext.35) recorded "stab injury to neck" of the victim as the probable cause of death.

(3.) Consequent to the registration of the F.I.R., Police Inspector Bharat Thakre (P.W.8) took up the investigation, visited the spot of the incident and prepared spot panchnama. He found the spot of the incident stained with blood and recovered a blood-stained knife, a wooden stick stained with blood, three pairs of chappals, two spectacles, and a blue dot pen. P.W.8 arrested the appellant and since he too had received injuries, he was referred to the Rural Hospital, Katol for his medical examination.