RAJU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present appellant accused is prosecuted and convicted for the ofence punishable under Section 302 of Indian Penal Code and is sentenced to sufer imprisonment for life and to pay fne of Rs. 3,000/-, in default to sufer rigorous imprisonment for three months.

(2.) Shorn of details the case of the prosecution is that the deceased and the appellant are the cousin brothers. On or before 11.11.2012, the appellant/accused came to the house of the deceased and asked him to accompany him at his house. The wife of the deceased got information that the appellant/accused is beating the deceased. She informed her niece to inform Nandu the brother of the deceased. The wife of the deceased rushed to the spot and saw that the accused was beating the deceased. Nandu also came to the spot and saw the incident.

(3.) To bring home the guilt of the accused, the prosecution relied on the evidence of PW 2, the wife of the deceased and PW 3 the brother of the deceased. They are the eye witnesses. PW 3 is also the informant. The muddemal property is also recovered.