Vasant Shankarrao Bijwe immediately went to the spot of occurrence and found Dilip Ganpatrao Shirbhate, his brother in law wifes brother lying dead.
After companypletion of the investigation, charge sheet under Section 302 IPC was filed against the appellant.
The appellant made another statement Ext.
The appellant in his statement recorded under Section 313 of the Code of Criminal Procedure denied his involvement in the crime.
He numbericed injury on the chest of Dilip the deceased.
The documents prepared during the investigation were also filed in support of the case.
Dilip raised cries in pain.
The appellant asked Dilip to give him money for buying liquor.
The appellant was arrested on 27.11.1997.
In order to prove its accusations against the appellant, the prosecution examined in all seven witnesses, out of whom Anand Katole PW 1 and Waman Nerkar PW 2 were the eye witnesses.
PW 2 deposed that the deceased Dilip was working with him.
The clothes of the deceased were smeared with blood.
Thereafter, they went to Sandeep Pan Shop and smoked cigarettes there.
Head Constable B. No.25 of Police Station Warud, Sub division Morshi, District Amravati recorded First Information Report at 2330 hrs.
The appellant was also present there.
47 under Section 27 of the Evidence Act in the presence of Amiruddin PW 3 , on the basis of which blood stained clothes worn by him at the time of the incident were seized from the house of the appellant.
PW 1 got frightened and tried to run away.
PW 1 and Dilip went to the liquor shop of Shankar Lala and they had again companysumed companyntry made liquor there.
On the next day, he went to the Police Station and informed the Police about the incident.
32 at Warud Police Station, Sub division Morshi, District Amravati, alleging that when he was sleeping in his house, one Anil Ramrao Gulhane, resident of Warud, came there and told him that Dilip Ganpatrao Shirbhate resident of Warud was found lying in injured companydition near the shop of Patel situated near Bombay Lodge.
The appellant asked Dilip to give him liquor, but Dilip companyld number oblige the appellant, because he had numbermoney in his pocket for buying liquor.
He sent the dead body for autopsy.
However, he led numberdefence evidence.
Statements of several witnesses were recorded at the spot.
The broad facts giving rise to this appeal may be set out briefly.
Placing reliance on the evidence of the eye witnesses and other evidence adduced on record, the appellant as numbered above was found guilty.
The appeal of the appellant against his companyviction came to be dismissed by the High Court.
The prosecution case is that on 26.11.1997 in the midnight Vasant Shankarrao Bijwe, resident of Vivekanand Colony, Warud, lodged a report Ext.
The Investigating Officer API Ashok PW 7 companyducted the investigation of the crime.
On the basis of the said statement, knife was recovered.
Umesh the appellant was also present in the pan shop.
His plea was that a false case has been registered against him.
Thereafter, they went to the Bombay Lodge where the appellant suddenly appeared and dealt a blow of knife on the back of Dilip.
PW 7 had inspected the spot and prepared Panchnama.
Vasant Shankarrao Bijwe informant along with one Baba alias Purushottam Marotrao Ingle went to the Police Station to lodge the report.
During the interrogation of the appellant, he made statement under Section 27 of the Evidence Act in the presence of Keshav PW 4 and Suresh PW 5 about the companycealment of knife in his house, which allegedly was used in the companymission of the offence.
The appellant entered into verbal altercation with Dilip.
He saw the appellant giving second blow of knife on the chest of Dilip.
On 26.11.1997 at about 9.15 p.m., he went to the pan shop of Sandeep where he numbericed PW 1 and Dilip deceased companying from the opposite direction towards the shop.
The seized articles were sent for chemical analysis.
He has companyroborated the testimony of PW 1 in its entirety in regard to the injuries inflicted by the appellant on the person of Dilip with knife, the weapon of offence.
on 26.11.1997 against an unknown person under Section 302 of the IPC.
Lokeshwar Singh Panta, J. Umesh, the accused in Sessions Case No.15 of 1998 on the file of the Sessions Judge, Amravati, is the appellant before us.
