MANOHAR AMRUT SATPUDKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant along with another accused was tried for murder of Balaji Raut under Section 302 read with Section 34 of the Indian Penal Code. They were also tried for attempt to murder of witness Janrao under section 307 read with section 34 of the Indian Penal Code. By impugned judgment, which is subject matter of challenge in this appeal, the Trial Court had acquitted co-accused of the charge under Section 302 as well as under section 307 of the Indian Penal Code. The appellant was also acquitted of the charge under section 307 read with Section 34 of the Indian Penal Code. However, the appellant was convicted for the murder of Balaji Raut under Section 302 and has been sentenced to undergo imprisonment for life.

(2.) THE prosecution case, in brief, is that there was an incident at about 10/10. 30 a. m. on 27-3-1994 between the appellant and deceased Balaji Raut. Said Balaji Raut came to his house after the said incident and informed his wife that the appellant had assaulted him. After sometime, Balaji Raut went back to tether the cattle, but his wife Parvatabai (P. W. 1) followed him as she suspected that there may be further quarrel. While deceased Balaji Raut was passing in front of the house of appellant, the appellant assaulted him with ballam on the left side of his chest as a result of which he received bleeding injury and fell down. The deceased succumbed to his injuries on the same day. The prosecution had examined three eye witnesses of the incident, viz. Parvatabai (P. W. 1), Bhagirathabai (P. W. 2) and Shamrao (P. W. 5 ). The Trial Court accepted the evidence of the eye witnesses as also recovery of weapon at the instance of the appellant and convicted the appellant, as aforesaid.

(3.) THE defence case is that deceased Balaji Raut, his sons and uncle came to the house of appellant and beat him with axes, sticks on his chest, legs and ears as a result of which he and his wife sustained injuries.