MOHAN MAHADEO LOHARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant/accused has challenged the judg-ment and order of conviction dated 16-12-1989 passed by the learned II additional Sessions Judge, Bhandara, in Sessions Trial No. 27 of 1988, whereby the appellant is convicted for the offence punishable under Section 302 of Indian Penal Code and is sentenced to suffer rigorous imprisonment for life.

(2.) THE facts and circumstances which have given rise to the prosecution of the accused for the offence of murder, in nut shell, are as follows: on 5-2-1988 at about 12-15 p. m. the appellant had a quarrel with deceased Manik Shripat Ilame on account of some money transaction. Mahadeo Doma Selokar (P. W. I) had a tea-stall near the spot of incident. The appellant/accused took out a knife, which was kept by him under his pant near his waist, and assaulted the deceased Manik by inflicting blows with the said weapon. The accused thereafter went away from the spot with the knife in his hand which had blood stains.

(3.) MAHADEO (P. W. 1), who had a tea-stall near the spot of incident, is alleged to have seen the incident and informed Bhaskar Gajbhiye (P. W. 6), assistant Station Master, about the incident. Bhaskar (P. W. 6) then informed the police on telephone about the incident disclosed to him by Mahadeo (P. W. 1 ). The police rushed to the spot of incident immediately and took injured Manik to the hospital. Mahadeo (P. W. I) gave an oral report (Ex. 34), on the basis of which Crime No. 22 of 1988 was registered against the appellant.