GANGADHAR NAIR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) IN this appeal, the judgment and order dated 6th November, 1996 passed by the learned Sessions Judge, Greater Bombay in Sessions Case No. 606 of 1993 is under challenge. By the impugned judgment and order, the learned Sessions Judge has convicted the appellant accused under section 302 of the Indian Penal Code and sentenced him to suffer imprisonment for life. The learned Sessions Judge has also ordered the appellant to pay a fine of Rs. 1,000/-, in default of payment of fine, the appellant has to undergo R. I. for six months.

(2.) SHORTLY stated the prosecution story is as under :- The accused and one Bhagwan Sakharam Pawar, who is the father of deceased Deepak, were friends. It is the case of the prosecution that about three months prior to March 1993, the accused had requested Bhagwan Pawar for some financial assistance. Bhagwan Pawar had given him a loan of Rs. 3,000/- for purchasing a sewing machine. Out of the said amount of Rs. 3,000/-, Rs. 500/- were paid by the accused. Bhagwan Pawar had demanded the remaining amount of Rs. 2,500/-, but the accused had not paid the same.

(3.) ON 25th March, 1993, which is the day of the incident, Deepak, the deceased, had left his hut for some work and Bhagwan was alone in his hut. At about 11. 00 a. m. or so, the accused came to his house. Both of them went to the house of the accused. Bhagwan had lunch in the house of the accused. After taking lunch Bhagwan came back to his hut. At about 3. 00 p. m. his son Deepak came home and slept on a wooden bakda.