YOGESH HANMANT MADANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned Counsel appearing on behalf of the Appellant and the learned Counsel appearing on behalf of the Respondent.

(2.) Appellant has filed this appeal, challenging the judgment and order passed by the Trial Court which was pleased to convict the Appellant inter alia for the offence punishable under section 302 of the Indian Penal Code and sentence him to suffer rigorous imprisonment for life.

(3.) Prosecution case in brief is that there was some dispute regarding right of way of the deceased and his family members over the land owned by the accused. Prosecution case is that on the date of the incident, in the morning, the deceased and his family members had used the said land belonging to the accused and at this stage there was an altercation between the two and the members pf the family of accused No.1 abused the members of the family of the deceased. The deceased and his family members, therefore, came to the house of the accused to question them whey they had abused them in the morning. After they entered the house, there was altercation in which the accused and his father were injured and the accused assaulted the deceased with an axe and gave one sinlge blow on his head. Prosecution case is that force with which the axe blow was given was such that the axe got entangled in his head. Prosecution case is that he also assaulted one another person before assaulting the deceased. Accused were arrested and charge-sheet was filed after investigation was over. Accused pleaded not guilty to the said charge.