GANESH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this appeal, challenge is to the judgment and order dtd. 7/8/2018, passed by the learned Sessions Judge, Buldhana in Sessions Case No. 10 of 2017, whereby, the learned Sessions Judge convicted the appellant for the offence punishable under Sec. 302 of the Indian Penal Code and sentenced him to suffer life imprisonment and to pay a fine of Rs.20,000.00 and in default of payment of fine to undergo further imprisonment for one year.

(2.) The facts leading to this appeal are as follows: PW-1 is the informant. On the basis of his report the first information report was registered on 4/11/2016 against the appellant. It is the case of the prosecution that the informant, his mother, father and three brothers are residing at Ambarnathgaon, Ulhas Nagar. The appellant who is the son of maternal aunt of the informant used to reside at Ambarnathgaon, Ulhas Nagar. The family of the informant and the appellant had gone to Ulhas Nagar for doing work. They had come to their native place for Diwali Festival of 2016. On 1/11/2016 the entire family of the informant went to the house of maternal uncle Samadhan Bhakare R/o. Sagwan Gairan on the eve of Bhaubij. On 3/11/2016, the appellant also came to the house of Samadhan Bhakare. They stayed their for festival of Bhaubij. It is the case of the prosecution that the father of the informant i.e. deceased Baburao Khonde was a mediator to settle the marriage of appellant with Sau Dipali. The marriage took place in the year 2014. The appellant, after marriage, found that his wife is mentally retarded to some extent. The appellant would say that the deceased has spoiled his life inasmuch as the deceased had arranged and solemnized his marriage with the mentally retarded/imbalanced girl. The appellant made grievance about it with the deceased and requested deceased to extend help to take a divorce from his wife. The appellant threatened the deceased that, if he failed to negotiate and settle the dispute then he would kill him. It is the case of the prosecution that on 4/11/2016, at about 5:00 p.m., the informant, his brother Gopal Baburao Khonde, cousin sister Komal Vijay Bhakre (daughter of maternal uncle), cousin Umesh Samadhan Bhakre (son of maternal uncle) were chitchatting in the house of maternal uncle Vijay Bhakre. At that time, they heard the noise of quarrel from outside. They come outside the house. They saw that the appellant was inflicting blows with knife on the neck and hand of his father (deceased).

(3.) After seeing this, they made hue and cry. The appellant fled from the spot. The deceased succumbed to the injuries on the spot. After this informant went to the police Station and lodged the report. On the basis of the report, Sangramsingh Damodar Patil (PW-7) attached to Buldhana City Police Station registered the crime bearing No. 435 of 2016 under Sec. 302 of the Indian Penal Code against the appellant. He conducted the investigation. He visited the spot and drew the panchanama of the spot. He collected the sample of soil and blood mixed soil. In presence of two panchas he drew the inquest panchanama of the dead body and forwarded the dead body to General Hospital, Buldhana for postmortem. He arrested the accused on 4/11/2016. The knife, the weapon of the offence, was discovered at the instance of the appellant. He recorded the statements of the witnesses. On completion of the investigation, he filed the charge-sheet against the appellant.