SHRI SIDDHARTH BHAGWAN WANKHEDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by the judgment and order passed by the learned Additional Sessions Judge, Akot in Sessions Trial No.20/2011 dated 8.5.2014 thereby convicting the appellants for the offences punishable under Sections 302, 364 and 201 read with Sec. 34 of the Indian Penal Code and Sec. 120- B of the Indian Penal Code and sentencing them to suffer imprisonment for life and to pay fine of Rs.1,000.00 in default of payment of fine to suffer R.I. for six months for the offence punishable under Sec. 302 read with 34 of the I.P.C. and further sentencing them to suffer R.I. for 10 years and to pay a fine of Rs.500.00 in default of payment of fine to suffer further R.I. for two months for the offence punishable under Sec. 364 read with 34 of the I.P.C. and further sentencing them to suffer R.I. for 5 years and to pay a fine of Rs.700.00 and in default of payment of fine to suffer further R.I. for 4 months for the offence publishable under Sec. 201 read with Sec. 34 of the I.P.C. and also sentencing them to suffer imprisonment for life and to pay a fine of Rs.1000.00 and in default of payment of fine to suffer further R.I. for 6 months for the offence punishable under Sec. 120-B of the I.P.C., the appellants have approached this Court.

(2.) The prosecution story as could be gathered from the material placed on record is thus:-

(3.) When PW1 Ananta was coming back, he received phone call from Nagorao informing him that the dead body of Atharva was found in a gunny bag lying in a stream on Nimbhora road. He along with others reached the spot at 10.30 p.m. and saw the dead body of Atharva. He again went to Police Station Telhara and lodged the report of murder against an unknown person. On the basis of the said oral report, an offence came to be registered at 00.30 a.m. on 28.12.2010. After registration of the first information report, PW1 along with the Police came to the spot. Spot panchanama and inquest panchanama were prepared and the body was sent for post mortem. On 28.12.2010 in the morning, a dog squad was called from the Control Room, Akola. Smell of the gunny bag was given to the dog, however, same could not lead to any clue. Similarly smell of T-shirt was given to dog. However, that also did not lead to any clue.