BABURAO @ BABAN SARANGDHAR KHADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present application has been filed by the original accused (present appellant) for suspension of sentence awarded to him by learned Sessions Judge, Latur in Sessions Case No.21/2017, thereby convicting him for the offence punishable under Section 304 part II of the Indian penal Code. The present appellant has been sentenced to suffer rigorous imprisonment for 10 (Ten) years and to pay fine of Rs.20,000/- (Rupees Twenty Thousand only), in default to suffer rigorous imprisonment for 02 (Two) months.

(2.) Heard learned Advocate Mr. M.A. Tandale for appellant and learned APP Mr. P.G. Borade for respondent-State.

(3.) It has been vehemently submitted on behalf of the appellant that the learned Trial Judge has not appreciated the evidence properly. In fact, the accused was prosecuted for the offence punishable under Section 302 of the Indian Penal Code. The prosecution had come with a case that the informant Latabai Angad Garad is the sister of one Fulchand Megha Rathod. Fulchand was residing with his friend viz. Rani Ashruba Chavan nearby her house. Fulchand was originally resident of Jamal Tanda, Tq. Gangapur, Dist. Aurangabad. He was already married to one Jijabai and had four sons and two daughters. The relationship between Fulchand and his wife were not good. Therefore, since last four years he was residing at Borgaon (Kale), Tq. & Dist. Latur for labour work. Rani was from village Murud, where Latabai used to stay previously. Due to the frequent visits of Fulchand to Latabai's house, friendship developed between Rani and Fulchand and since last one year prior to the FIR, Fulchand and Rani started living as husband and wife. It was the case of the prosecution that Rani was having love affair with appellant. However, she left his company and started staying with Fulchand. Appellant went to Borgaon (Kale) on 04.12.2016. Appellant asked Rani to come along with him, however, Rani refused stating that now she is married to Fulchand. At that time, the appellant assaulted Fulchand with kick and blows and sat on his chest and started assaulting him. When Fulchand's condition appeared serious, at that time, the appellant ran away from the spot. Fulchand was then vomited blood and his neck was down. He was taken to hospital, however, he was declared dead. Thereafter, Latabai lodged report.