MAHESH SHAMRAO PAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The accused - appellant herein takes an exception to the judgment and order dtd. 16/5/2016 passed by the Additional Sessions Judge, Karad in Sessions Case No.31 of 2008 thereby convicting the appellant for the offences punishable under sec. 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life and fine of Rs.3,000.00 in default to suffer SI for 3 months.

(2.) Such of the facts necessary for the decision of this appeal, in nutshell, are as follows :-

(3.) It is proved that the accused was residing in the wada owned by P.W.3 - Nirmala Pendase (Hostile witness) who is the landlady. It is proved that the said wada has a courtyard in the centre of the wada. P.W.1 - Shivaji Ghadge, the panch for the scene of offence panchanama has deposed before the Court that upon entering into the wada he had seen broken bangles and two mobile handsets. There were domestic articles. The said wada is in the heart of the village. The recitals of the spot panchanama (Exh.42) which is drawn on 21/11/2007 at about 10.50 am show that two mobile handsets and broken bangles were lying in the courtyard. They had entered the house of the accused. There is a canister for keeping grains. On the eastern side, there is a small bathroom. There was a mobile handset of Motorolla Company which was kept for charging, a suing machine and broken pieces of bangles scattered on the floor. The accused was present at the time of conducting the scene of offence panchanama. There was a mobile handset of Sezam Company with charger. The toilet is at a distance of 100 ft. from the house of the accused. According to the accused, when she was proceeding to go to the toilet she had fallen at the threshold and had sustained injuries. She was therefore, taken to the Hospital and she died. At the spot, one handset of Motorola Company with charger, broken bangle pieces, peach colour hankerchief with multiple stains of vermilion were seized. P.W.1 stated that he had not seen any W.C. in the wada at the time of panchanama and that in fact, the wada is blocked by building on all four sides but the courtyard is in the centre of wada. P.W.1 claims to be a social worker and an active member of Nationalist Congress Party.