LALCHAND KUSHAN BHAGAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant has preferred this appeal being aggrieved by judgment and order dated 17.1.2004 passed by the learned 1st Ad-hoc Additional Sessions Judge, Gondia in Sessions Trial No. 53/2002. By the said judgment and order, the learned Sessions Judge convicted the appellant for the offence punishable under Section 302 of the Indian Penal Code and sentenced him to suffer imprisonment for life.

(2.) The prosecution case briefly stated is as under :-

(3.) The conviction is mainly based on the evidence of 3 eye-witnesses, i.e. PW.2 Yogesh, PW.3 Girjabai and PW.8 Yashwant. PW. 3 Girjabai is the mother of the accused. She was the mother-in-law of deceased Manju. Girjabai has stated that the incident occurred on 4.5.2002 at about 8 to 9 p.m. At that time, Girjabai was sitting in the verandah of her house. Manju as well as appellant were residing in the house. THE appellant Lalchand rushed towards his brother Bhagchand to beat him. At that time, Lalchand had a stone in his hand. Bhagchand was scared, so he ran away. Manju came outside the house to see what happened. THE accused Lalchand went into his house and brought a crowbar. He then assaulted Manju with a crowbar. Manju sustained head injury because of the assault. She became unconscious. PW.3 Girjabai lodged FIR (Exh.12) at 23.40 hours. THE promptness with which the FIR is lodged, lends further assurance to the prosecution case.