(1.) THIS appeal is preferred against the Judgment and Order dated 26-6-1996 passed by Sessions Judge, Ahmednagar in Sessions Caseno. 376 of 1995 thereby convicting the appellant for the offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life.
(2.) PROSECUTION story, in brief, is as follows : the appellant happens to be the son of Manik Laxman Surose. Laxman Surose has two brothers namely; Jagannath Surose (PW 4) and Ajinath Surose. They reside at Rawalgaon with their families in the houses which are close to each other with small open land in front of their houses. Deceased Gunabai the paternal aunt of three brothers resided with one of the brothers namely; Ajinath. There was small shed raised in front of house of Ajinath where deceased Gunabai sometimes used to have her afternoon siesta. It is alleged that on 25-3-1995 in the afternoon, the appellant arrived, entered the house of Ajinath and equipped with axe came out and he dealt two blows on deceased Gunabai who was lying in the shed. He dropped bloodstained axe near the place of occurrence and left. Deceased Gunabai in injured condition was taken to Primary Health Centre, Mirajgaon where doctor narayan Yeole gave primary medical treatment to Gunabai. He advised that the injured should be taken to Civil Hospital, Ahmednagar. While Gunabai was being taken to Civil Hospital, Ahmednagar, she died on way. Her dead body was brought back to the Primary Health Centre at Mirajgaon where post mortem was conducted by same Medical Officer i. e. Dr. Narayan Yeole (PW 1 ). On the information given by Dr. Narayan Yeole, H. C. Suryabhan (PW 6) of karjat police station arrived at the Primary Health Centre. He went to village Rawalgaon and arrested the appellant at about 4. 30 p. m. Jagannath Laxman Surose (PW 4), real uncle of the appellant, lodged report at Exhibit 17 before H. C. Suryabhan Vavhal (PW 6 ). H. C. Suryabhan Vavhal thereafter prepared occurrence report and the complaint lodged by Jagannath Laxman Surose (PW 4) to Karjat Police Station whereupon offence came to be registered. P. I. Balasaheb Khilari (PW 7) conducted inquest panchanama on the body of the deceased Gunabai and completed usual investigation in the matter.
(3.) THE appellant was tried before Sessions Judge, Ahmednagar for the offence of murder of his father's aunt.