TANAJI RAMBHAU SHINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard rival arguments on this Criminal Appeal preferred by the appellant/orig.accused challenging the judgment and order dated 27.4.2005 passed by the 1 st Adhoc Additional Sessions Judge, Pune. The appellant/accused was convicted in Sessions Case No.225 of 2004 for the offence punishable under Section 302 of Indian Penal Code and was sentenced to suffer RI for life and to pay fine of Rs.500/ in default to suffer RI for two months.

(2.) The case of the prosecution in nutshell is as under :

(3.) The fateful incident happened on the night between 20.12.2003 and 21.12.2003 probably at midnight. On the night of 20.12.2003 at about 10:00 p.m. after the meals, all the family members went to sleep. Parents and other family members of the appellant slept inside the house, whereas the appellant, victim and one another paternal uncle Dinkar slept outside the house in the court yard. Apparently electric light was on on that entire night at the court yard. At about 11:00 p.m. some noise was heard by PW 1 Shantabai and she came out of the house and noticed the appellant/accused standing in the court yard and also noticed that the victim Namdeo had sustained bleeding injury and blood was oozing from his mouth and one big stone was lying by his side. She raised shouts and as such father of the appellant came out. Even by that time, another uncle Dinkar also woke up from sleep. Various other neighbours also gathered on the spot. They noticed that Namdeo was lying on the ground in an injured condition having severe bleeding injuries on his face and appellant/accused was standing by the side and afterwards ran away from the spot. The injured was taken to nearby dispensary for medical help. However, he was already dead. On 21.12.2003 complaint was lodged against the appellant/accused by PW 1 Shantabai. Investigation was conducted. The appellant/accused was put under arrest. Statements of the witnesses, relatives of the appellant including his father Rambhau (PW 2) were recorded. On completion of investigation, charge sheet was filed and after the trial the matter ended in conviction, which is challenged in the present appeal.