SUDHAKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Leave granted and the scope of consideration in this appeal is limited to the nature of offence and the sentence to be imposed.

(2.) This appeal is directed against the judgment of the High Court of Judicature at Bombay, Nagpur Bench dated 01.12.2011 passed in Criminal Appeal No.84 of 2006. By the judgment impugned in this appeal, the conviction of the appellant for an offence under Section 302 of IPC with a sentence of life imprisonment apart from fine of Rs.500/- in default of which to undergo rigorous imprisonment for three months by the learned Sessions Judge, Amravati in Sessions Trial No.195/2004 dated 22.09.2005 came to be confirmed.

(3.) The brief facts which are required to be stated are that on 10.07.2004 P.W.1-Tulsabai preferred a complaint under Exhibit-38 with P.W.3-PSI Madhav Dhande attached to Police Station Frezarpura, Amravati which came to be registered as Crime No.138/2004. The printed First Information Report is Exhibit-39. According to the complainant, on 09.07.2004 between 9.30 p.m. to 10.00 p.m. while her husband, the appellant herein, was sleeping on a wooden cot which was in the front court-yard of the house, her son Balya-the deceased, came from outside and asked the appellant as to whether he had taken his dinner to which the appellant replied in the negative. Thereafter, the deceased asked P.W.1 to serve food for him which she did inside the house. Balya went inside the house for washing his hands. The deceased stated to have asked his father, appellant herein, to sleep inside the house and, thereafter, the appellant went inside which was being watched by P.W.1 who was standing near the door of the house. It is sated that at that point of time she saw the appellant inflicting a stab injury on the deceased on which the deceased raised shouts about the inflicting of the injury by his father and so saying he also fell down. The appellant stated to have come out of the house by shouting to the effect that he had stabbed the deceased and on hearing shouts the appellant's brother one Sunil Chandrabhan Bansod arrived at the spot and arranged for an auto rickshaw to take the deceased to Irwin Hospital, Amravati. It is stated that on being admitted in the hospital, it was declared that the deceased succumbed to the injuries.