SHANKAR MARUTI BAMNE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned counsel for the appellant and the learned Additional Public Prosecutor for the Respondent - State.

(2.) The appellant has preferred the present appeal against the judgment and order dated 21st March 2003 passed by the Additional Sessions Judge, Pandharpur, whereby the appellant has been convicted for the offence punishable under Section 302 of the Indian Penal Code and was sentenced to suffer R.I. for life and to pay fine of Rs.500/-, in default, to suffer R.I. for one month.

(3.) The prosecution case in nutshell is as follows :- On 4th December 2001 at about 6 a.m. Ranganath Karande (deceased) had gone to his agricultural field for watering the crops. He had asked his wife to come to agricultural filed after a while. When Ranganath was watering the crops in his field, the appellant had come there with the axe and asked Ranganath why was he drawing water from the well on that day since it was his turn to draw water from the well which was used by both of them. It is the case of the prosecution that the appellant immediately thereafter assaulted the deceased by axe and caused injuries on the head, neck and other parts of the deceased. Ranganath had received serious bleeding injuries and succumbed to those injuries on the spot. Wife of Ranganath P. W. 2 Gaurabai was present on the spot and had seen the appellant assaulting deceased with an axe. The son of deceased Vikas came on the spot, P.W. 1 Dhondiram (brother of the deceased) lodged the first information report, Exhibit '8' at Police Station Sangola. The Investigating Officer came on the spot, drawn spot panchnama, enquest panchnama, forwarded dead body of the deceased for post-mortem examination, seized the blood stained clothes of the accused and the deceased, effected discovery of an axe at the instance of the appellant. On completion of the investigation, charge sheet was filed. The trial court framed the charge against the appellant to which appellant denied his charge and claimed to be tried.