AMBAJI @ NANA HANMANT PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The challenge in this Appeal is to the judgment dated 30th March 2016 of the Additional Sessions Judge, Kolhapur convicting the accused - appellant for an ofence punishable under section 302 of Indian Penal Code (hereinafter referred to as 'IPC' for short) and sentencing him to sufer imprisonment for life and to pay fne of Rs.5,000/-, in default to sufer rigorous imprisonment for two months.

(2.) C.R. No. 106 of 2014 which was registered in Panhala police station was investigated by I.O. Shri Yashwant Namdev Gavari who deposed as P.W.13. FIR is registered at Exhibit 25 lodged by P.W.1 - Kiran Maskar. The date of the incident is 17th September 2014. The place of the incident is alleged to be the house of the appellant. On the date of the incident, in the morning at about 7.00 a.m., deceased Ganpati Dattu Jadhav, maternal uncle of P.W.1 - Kiran Maskar, left home after having a cup of tea. At about 12.30 p.m., P.W.1 - Kiran was proceeding for his work towards Kolhapur . He noticed his uncle Ganpati and accused Ambaji Patil talking in front of Ambaji's house. At about 4.30 p.m., P.W.1 - Kiran received a phone call from Shri Bajirao Dagadu Jadhav - P.W.8, the husband of Police Patil Mrs. Shubhangi Jadhav. P.W.8 - Bajirao informed P.W.1 of Ambaji telling him that P.W.1's maternal uncle Ganpati is lying in a pool of blood in Ambaji's house. P.W.8 - Bajirao therefore asked P.W.1 - Kiran to come to the spot immediately.

(3.) Thereafter P.W.1 - Kiran made a phone call to Dr. Mansing Jadhav - P.W.5 - also a resident of the same village and narrated the information given by Bajirao and requested him to reach the spot. When P.W.1 - Kiran reached the spot at about 5.45 p.m., several villagers had gathered in front of Ambaji's house. Ganpati was lying on the foor in Ambaji's house in a pool of blood. P.W.1 noticed Ganpati had injuries on his forehead and head. P.W.1 also noticed one wooden batten lying there. P.W.1 then went to Panhala police station and lodged report against the accused Ambaji Patil. P.W.1 informed police that it is with the wooden batten his uncle was assaulted by Ambaji and killed. Even before P.W.1 - Kiran returned from Panhala police station, the police had arrived at the spot of the incident.