RAKESH DATTATRAY RINDHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant herein is convicted for the offence punishable under section 302 of Indian Penal Code and sentenced to suffer R.I. for life and to pay fine of Rs.5,000/- in default to suffer RI for one month by the District Judge - 12 and Additional Sessions Judge, Pune in Sessions Case No.120 of 2014 vide judgment and order dated 6th October 2015. Hence, this appeal.

(2.) Such of the facts necessary for the decision of this appeal are as follows:-

(3.) Pw1 - Aadinath happens to be the brother of the deceased. He has deposed before the Court that on 28th October 2013, after dinner his brother left the house. In the early hours of 29.10.2013, i.e. at about 3.30 am, the Police of Vadgaon Police Station visited his house and inquired about Prathamesh who was not present in the house. All the family members searched for Prathamesh. Thereafter, they were taken to a rocky place by the Police. His brother was lying in a pit in an injured condition. A stone and his footwear were lying near him. The Police had then taken him to the Police Station where he saw the appellant and Malikarjun. He has proved the contents of the FIR which is marked as Exh.17. It is elicited in the cross-examination that the Police had taken the body of the deceased in an ambulance from the scene of offence. It is admitted that the house of the accused is adjacent to the house of the deceased.