SADASHIV GOPAL JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant herein seeks to challenge the judgment and order dated 15th June 2015 passed by the learned Additional Sessions Judge, Gadhinglaj in Sessions Case No.34 of 2013 thereby convicting him for the offence punishable under sec.302 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay fine of Rs.5,000.00 (Rupees Five Thousand), in default, to suffer imprisonment for life.

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

(3.) P.W.1 - Mahadeo Jadhav has deposed before the Court in consonance with the FIR which is marked at Exh.9. He has deposed before the Court that the name of the accused was deleted from the ration card to avail the benefit of 'Shravan Bal Yojana '. On 10th September 2013 at about 8.00 am, the family had installed the Idol of Lord Ganesh. On 2nd day, there was no response to the call given by Shashank or P.W.1 and therefore, P.W.1 was constrained to call upon the Police Patil Shamrao Kamble, Vijay Mohite, Tanaji Mohite and Sarpanch Malgonda Gadivadar. His mother had opened the door and upon enquiry, she had led the Police Patil to the dining room where the father of accused and P.W.1 was seen lying in a pool of blood under the cot. Upon further enquiry with the mother, they learnt that the accused had picked up a quarrel with his father on account of deletion of his name from the ration card. The accused had dragged his father from the cot due to which he fell on the tiles, sustained injury to his head which turned out to be fatal. The deceased was about 70 years old and therefore, he used to stay indoors, moreover, the vision of his left eye had diminished. It is elicited in the cross-examination that his mother had only led the Police Patil to see what had happened as she was dumbfounded by the scene of death of her husband.