GANESH ANMAPPA @ HANMANTAPPA TALWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant has challenged the judgment and order dtd. 9/12/2019 passed by the District Judge-2 and Additional Sessions Judge, Sangli in Sessions Case No.188/2018. By the impugned judgment and order, the Appellant was convicted for commission of offence punishable under Sec. 302 of IPC and was sentenced to suffer life imprisonment and to pay a fine of Rs.1,000.00; and in default to suffer R.I. for three months. He was given benefit of set off under Sec. 428 of Cr.P.C.

(2.) Heard Shri Swaraj Jadhav, learned counsel appointed for the Appellant and Smt. G.P. Mulekar, learned APP for the State.

(3.) The prosecution case, in brief, is that the Appellant was cousin of mother of Ganesh (the deceased in this case). He was residing next to the house of the deceased. The deceased was nine years old boy. On 15/7/2018, the Appellant went to the deceased's house and asked him to get liquor for him. At that time, the deceased was having his food. He replied that he would get liquor after he finished his food. The Appellant got enraged. He sent Ganesh's sister, who was present in the house to get some articles. After she left the house, the Appellant committed murder of Ganesh by hanging him with a rope. When Ganesh's sister returned, she saw the shocking scene. She was slapped and threatened by the Appellant. The Appellant told her not to disclose the incident to anybody. Ganesh's sister, instead, went to her neighbours and told them about the incident. They came on the spot. They saw that the deceased was hanging from the ceiling. They informed the police. The mother of the deceased, who was not present and who had gone to a different city, was also informed. She came back at around 3.00 p.m. and then her FIR was registered. The Appellant was arrested in the night. The investigation was carried out. The statements of the witnesses were recorded. The statement of the child witness i.e. sister of the deceased Ganesh was also recorded. At the conclusion of investigation, the charge-sheet was filed and the case was committed to the Court of Sessions.