AWAJKHA SHABASHKHA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant Awajkha Shabashkha has challenged the conviction under section 302 of the Indian Penal Code, and sentence for the offence punishable, passed by Shri S. Y. Gambhir, Sessions Judge, Buldana on 19th December, 1986 in Sessions Case No. 84 of 1986. The appellant-accused was found guilty for the murder of Santosh Konduji Padghan, resident of village Mohodari, Tq. Mehkar, District Buldana.

(2.) THE facts leading to the filing of this appeal may be briefly stated as follows : deceased Santosh Konduji Padghan was resident of village Mohodari, Tahsil Mehkar, district Buldana. He was in service of one Sahebrao Suryabhan Lodhe (P. W. 10 ). One Hamidkha Dagdukha Pathan was also resident of Mohodari. He was the cousin of the appellant-accused and was running a Kirana Shop at Mohodari. The appellant-accused is a resident of village Deolgaon-Mali which is about 2 miles away from Mohodari.

(3.) ON 25-11-1985 Jagannath Haribhau Lodhe, resident of Mohodari lodged a report against deceased Santosh Konduji Padghan, Dattatraya Tukaram Lodhe and Hamidkha with Sakharkherda Police Station alleging that they have committed theft of cotton crop from his land and Hamidkha Dagdukha purchased the same knowing it to be the stolen property. On the basis of the report, the abovesaid three persons were arrested and later on released on bail. Few days thereafter, Namidkha Dagdukha committed suicide by consuming endrine.