SITARAM GOVIND KAMBLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal takes an exception to the Judgment and order dated 17th November, 2014 passed by the learned Additional Sessions Judge, Ratnagiri in Sessions Case No.17 of 2013. By the impugned judgment and order, the appellant, who was accused before the trial court, has been convicted for the offence punishable under Section 302 of the Indian Penal Code, 1860 (for short the "IPC ") and sentenced to suffer Rigorous Imprisonment for Life and to pay fine of Rs.5000/- and in default of payment of fine to suffer Simple Imprisonment for six months. The appellant has been further convicted for the offence punishable under section 324 of the IPC and sentenced to suffer Rigorous Imprisonment for three years and to pay fine of Rs.5000/- and in default of payment of fine to suffer Simple Imprisonment for six months.

(2.) The deceased Shantaram Y. Kamble was residing with his family at Village Waghrat, Tal. Lanja, Dist. Ratnagiri. The accused was residing in neighbourhood of the deceased. The incident took place on 1 st February 2013. According to the prosecution, on the date of incident at about 12.30 p.m., the deceased came to the house of accused as he was abusing him.

(3.) It is alleged that the altercation took place between the accused and the deceased. The accused took out a sickle from loft of his house and rushed towards the deceased to assault him. At that time, the wife of accused came there and she tried to remove the sickle from the hands of accused. It is alleged that the accused gave a blow of sickle on the right hand of his wife. It is alleged that the accused thereafter rushed towards the deceased and assaulted him on his chest and back. The deceased was injured and died before he could be taken to the hospital.