ASHOK BANDU KAKADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 11th June, 1999 passed by the Sessions Judge, Aurangabad in Sessions Case No. 285/98 thereby convicting the appellant / accused for the offence punishable under Section 324 of I.P.C. and sentencing him to undergo R.I. for three years.

(2.) It is the case of the prosecution that appellant / accused Ashok is real brother of the victim Prabhakar. Ashok was addicted to liquor and did nothing to earn his livelihood. As he was heavily indebted he sold his house to his brother Prabhakar. There used to be frequent quarrels between Ashok and Prabhakar on this count. On 9.5.1998 at about 3.30 p.m., accused Ashok and his friend accused No.2 Narayan sat with Prabhakar in front of house of one Jaiswal. They beat up Prabhakar and after Prabhakar died, lifted the dead body and placed it in Prabhakar's house. On the next day village Kotval Narayan Dandge gave a report to police station Ajintha whereupon an offence was registered at about 11 a.m. Police came to the spot, performed inquest panchanama and sent the dead body for post mortem examination. They performed panchanama of spot. Statements of witnesses were recorded and both the accused persons were arrested. Accused No.1 -appellant was found wearing a shirt which was having stains of blood. It was seized. Property seized was sent to Forensic Science Laboratory. Statements of eye witnesses Bhagabai. Vandana and Rekha were caused to be recorded u/s 164 of Cr.P.C. before a Magistrate. On completion of investigation, charge-sheet was filed.

(3.) After trial, the trial Court convicted the appellant/ accused Ashok as aforesaid and acquitted the accused No.2. Hence, this appeal by the appellant.