DILIP NAMDEO GADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this Appeal, the appellant seeks to challenge the judgment dtd. 27/8/2013 delivered by the learned Additional Sessions Judge, Ahmednagar in Sessions Case No.423/2012. The appellant has been convicted for having committed an offence punishable under Sec. 302 of the Indian Penal Code and has been sentenced to suffer imprisonment for life. He has also been convicted for committing an offence punishable under Sec. 324 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for one year. Fine has also been imposed and the sentences are to run concurrently

(2.) We have heard the extensive submissions of Shri Jadhav, learned advocate appointed through the High Court Legal Services SubCommittee, Aurangabad, for the appellant/ accused and the learned Prosecutor on behalf of the State. With their assistance, we have gone through the appeal paper book and the record and proceeding, threadbare. By order dtd. 23/11/2020, we had directed the production of the station diary and by order dtd. 24/11/2020, we have noted the relevant entry Nos.13 and 16 in the police station diary No.260/2012 dtd. 16/9/2012.

(3.) A crime was registered by the informant Ambadas Khedkar on 16/9/2012 alleging that his sister Pushpa Nakade was murdered at about 07:30 AM on the said date by the accused/ appellant Dilip Namdeo Gade, who is the neighbour of the deceased. The informant is the biological brother of the deceased, who stated in the First Information Report (F.I.R.) that he had travelled along with his wife Prayagbai on 15/9/2012 to reach Gajraj Nagar, Ahmednagar in order to meet the deceased. Pushpa used to live in her house along with her married daughter Bhagyashri Nitin Chakor.