RAMU @ RAMDAS RUPAJI BHAVAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Criminal Appeal is filed to question legality of Judgment and Order dtd. 4/11/2016 passed by the Additional Sessions Judge-3, Nashik in Sessions Case No. 131 of 2016, convicting Appellant for the offence punishable under Sec. 302 of Indian Penal Code, 1860 (for short "IPC") and sentencing him to rigorous imprisonment for life and payment of fine of Rs.1,000.00 and in default thereof to suffer rigorous imprisonment for three months. In addition, Appellant is convicted for offence punishable under Sec. 506(2) IPC and sentenced to suffer rigorous imprisonment for one year and pay fine of Rs.500.00 and in default thereof to suffer rigorous imprisonment for one month; both sentences to run concurrently.

(2.) The prosecution case relates to an incident which took place on 24/2/2016 resulting in the death of one Shivram Pawar at the hands of Appellant (accused).

(3.) On 24/2/2016 at about 7.00 p.m. Mangalabai, wife of Appellant approached PW-1 - Yashwant son of Shivram Pawar and informed him that a fight was going on between Appellant and Shivram in front of their house. Appellant and Shivram are neighbours; PW-1 rushed to the spot of incident and saw his father lying injured in a pool of blood with injuries on his head, ear and cheek; PW-1 raised a shout for help, hearing which his uncle Hiraman Pawar, aunt Mirabai, cousin Dattu Pawar, Ashok Palve (neighbour) and Prakash More rushed to the spot of incident and witnessed injured Shivram and Appellant moving around carrying a bloodstained axe in his hand and threatening them. Injured Shivram was taken to Vakratunda hospital by Hiraman, Ashok Palve and Prakash More and thereafter to Civil hospital were he was declared dead on admission.