CHANDRABHAN Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this appeal, the challenge is to the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, Jalgaon, dated 8.6.2012 in Sessions case No. 183 of 2011, thereby convicting the appellant/accused Chandrabhan @ Aba Jagan Salunke, for the offence punishable under Section 363 of I.P.C. and sentencing him to suffer R.I. for seven years and to pay fine of Rs.1000/-, i/d to suffer further R.I. for six months, for the offence punishable under Section 376 of I.P.C. and sentencing to suffer imprisonment for life and to pay fine of Rs.5000/-, i/d to suffer R.I. for one year, for the offence punishable under section 302 of I.P.C. and sentencing to suffer imprisonment for life and to pay fine of Rs.5000/-, i/d to suffer R.I. for one year and for the offence punishable under Section 201 of I.P.C. and sentencing to suffer R.I. for seven years and to pay fine of Rs.1000/- i/d to suffer R.I. for one year. The learned Additional Sessions Judge Jalgaon further directed that the substantive sentenced shall run concurrently.

(2.) The prosecution version, as unfolded during trial, is as under:-

(3.) P.W.8 P.I. Ramdas Patil of Yawal police station, after registering A.D. Exh.17 had rushed to the spot of incident and removed the dead body from well. He also drew inquest panchnama at Exh.12 in presence of Panch witnesses. The dead body was sent to rural hospital Yawal for postmortem. During the course of postmortem, the Medical Officer P.W.1 Dr. Vinayak Mahajan found that deceased Chandni was subjected to rape before her death. Cause of her death was asphyxia due to drowning. P.W.3 Prakash Tayade then lodged complaint Exh.13 on the same day. On the basis of his complaint, Crime No. 25 of 2011 came to be registered for the offences punishable under Sections 302, 376, 363, 201 of I.P.C. P.W.8 - P.I. Ramdas Patil took over the investigation of crime.