Shamrao Dattu Kumbhar, the appellant herein, being aggrieved by and dissatisfied with the judgment of companyviction and sentence dated 18.7.2001 passed by a Division Bench of the High Court of Judicature at Bombay in Criminal Appeal No.557 of 1995 whereby and whereunder the appeal preferred by the State from the judgment and order dated 27.3.1995 passed by IIIrd Additional Sessions Judge, Kolhapur, in Sessions Case No.165 of 1994 acquitting him from the charges of Sec.302/201 of the Indian Penal Code was allowed.
A headless dead body was found on the Railway track at about 6 O clock in the morning on 22.2.1994 by PW.7, Malappa Chavan.
The dead body was removed from the Railway track.
A telephonic message was received by PW.12 PSI Gandhi, who was on duty at the Railway Police Station Miraj about the discovery of the said dead body.
An inquest of the dead body was made by him.
Police asked me to stay for some time.
PW.4 Bhausaheb Patil is said to be a panch witness.
Some suspicion in regard to his involvement was raised as against the appellant on the premise that he had illicit relationship with the wife of the deceased.
Yet at about 19.3.1994 the knife which was said to be the weapon of offence as also other blood stained clothes were recovered.
It is at Akkule.
On the dead body there were some marks of injuries on the chest.
Allegedly at the instance of the appellant bicycle, tiffin box, the head of the deceased as also his undergarments were recovered.
Thereafter myself and my mother came to Kabmur.
I told in the Police Station that I wanted to lodge a companyplaint as my husband was beating me.
Thereafter my husband went away.
Abha Shankar Khot PW.6 as numbericed heretobefore was number found to be a trust worthy witness.
The head of the companypse was also identified by PW.1 as also PW.16 Rajendra Khot the brother of the deceased.
There I was directed to go to Hatkanangale Police Station.
An information thereupon was given to the Station Master of the Railway Station.
After reading the said chit he started suspecting about me and started beating me, and therefore I went to my grandfathers place.
Although the High Court in its judgment numbericed that the appellant was arrested on 22.5.1995, it transpires that in fact the arrest took place on 25.2.1994.
The father of the deceased Bhausaheb Khot who examined himself by PW.1 identified the dead body.
My mother then came there after about 8 days.
At that time I came to know that there was murder of Ashok Khot.
I then went to the Kabmur Police Station.
Thereafter on Sunday my husband came to my grandfathers house.
An F.I.R. was also lodged under Sec.302/201 of the Indian Penal Code at his instance at about 11.50 hours on 22.2.1994.
