TEJAS GAJENDRA KSHIRSAGAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal by the convict from the judgment and order of conviction and sentence dated 24th February 2014 delivered in Sessions Case No.221 of 2012. By the said judgment, the appellant has been convicted under Section 302 of the Indian Penal Code (IPC) and sentenced to suffer rigorous imprisonment for life with fine of Rs.2,000/- (Rupees Two Thousand Only) with default stipulation. However, the present appellant-accused and other accused were acquitted of the offence punishable under Section 201 of the IPC and so also another accused of the offence punishable under Section 302 of the IPC.

(2.) Short fact of the case is that informant and her husband viz. Gopal Namdeo Bhalerao (the deceased) were present in their house in the evening of 6th January 2012. As the informant's husband's friend viz. Tejas (accused) had called up the deceased on mobile 2/3 times, she asked the deceased as to why the accused is repeatedly calling him. The deceased replied that as the accused got salary, he intended to give a new year's party and therefore, was calling him. The informant, however, did not permit the deceased.

(3.) The prosecution next contends that as the informant and her husband came to know that her brother-in-law would be visiting them, both of them stepped out of the house at about 6.30 p.m. to buy mutton. During that period also, the accused was repeatedly calling the deceased. According to the prosecution, when they reached the corner of Noble Hospital, the informant noticed a person standing there and on seeing her husband, that person approached him. The deceased then introduced that person to informant as his friend Tejas i.e. the accused. The deceased then told the accused that he would buy mutton and then would join him.