SUDHAKAR Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant, who stands convicted for an offence punishable under Section 302 of the Indian Penal Code and sentenced to suffer imprisonment for life and to pay fine of Rs. 500/ -, in default of which to undergo rigorous imprisonment for three months, by 1st Ad hoc Additional Sessions Judge, Amravati, by judgment and order dated 22 -9 -2005, in Sessions Trial No. 195/2004, by this appeal questions the correctness of his conviction and sentence. Facts in brief, as are necessary for the decision of this appeal, may briefly be stated thus: -

(2.) ON committal of the case to the Court of Session, the trial Court vide Exh. 5 framed charge against the appellant for offence punishable under Section 302 of the Indian Penal Code. The appellant denied his guilt and claimed to be tried. Prosecution in support of its case examined four witnesses. The defence of the appellant/accused is of total denial.

(3.) P .W. 1 -Tulsabai states that the appellant is her husband while deceased Balya was her son. She states that on the day of the incident she was present in her house along with her husband and her son. Deceased Balya had asked the appellant to take his dinner, but the appellant had refused. Dinner was, therefore, served to deceased Balya. Deceased Balya had gone inside the house for taking his dinner. The appellant, who was sitting on the cot of the courtyard, also went inside the house. Tulsabai was standing in the door. Suddenly, she heard the screams of Balya "Mother I am dying". She, therefore, asked her son as to what had happened and deceased Balya had informed her that he had been stabbed. Tulsabai, therefore, raised cries for help and thereafter the neighbours came there. The appellant was inside the house. The neighbours took deceased Balya in an Auto -rickshaw to the hospital. Tulsabai accordingly lodged her report at Exh. 38.