KASHINATH KISAN BHOYE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE learned Additional Sessions Judge, Nasik had convicted the present appellant, in Sessions Case No. 17 of 1988 on his file, of an offence punishable under section 302 of the Indian Penal Code and had sentenced him to suffer imprisonment for life.

(2.) THE prosecution story as it emerges from the record is as follows :

(3.) AT the trial, the prosecution examination P. W. 2 Chintaman, P. W. 3 Somibai, who were the direct eye witnesses to the incident, and P. W. 2 Suman (a child witness) who was lying on a bed in the vicinity of the scene of offence, to prove the incident. Among other witnesses were P. W. 4 Dr. Patil who proved the post-mortem notes Exhibit 14, panch Kisan Palvi P. W. 6, in whose presence the blood stained axe was seized from the house of the appellant, and P. S. I. Lahare. The learned Additional Sessions Judge found favour with the prosecution evidence and proceeded to convict and sentence the appellant as stated at the outset.