ALPESH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Appeal challenges the Judgment and order dtd. 26/9/2018 delivered by the learned Additional Sessions Judge, Wardha (Shri Surendra R. Sharma) in Sessions Case No. 72/2017, whereby the learned Judge convicted the Appellant for the offence punishable under Sec. 302 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for life and to pay a fine of Rs.1000.00, in default of the payment of fine, to suffer further rigorous imprisonment for three months.

(2.) The crime was registered on the report lodged by Manisha Prashant Karwade, the mother of deceased Shashank on 27/3/2017. The facts unfolded from the report of Manisha Karwade are that there was love affair between Mayuri Dharmendra Tembhurne (since deceased), who was cousin sister of the Appellant and deceased Shashank Karwade. The deceased Shashank had given promise of marriage to the deceased Mayuri, but in the nick of the time he backed out from his promise. The deceased Mayuri, therefore, took extreme decision of committing suicide. After her suicide the deceased Shashank, his mother PW-1 Manisha Prashant Karwade and his father were prosecuted for the offence punishable under Sec. 306 read with Sec. 34 of Indian Penal Code. They were acquitted in the said offence. As such, there was an enmity between the Appellant and the deceased Shashank. The Appellant would regularly raise dispute with the deceased Shashank for one reason or the other.

(3.) On the fateful day i.e. on 27/3/2017 the informant PW-1 Manisha Karwade and her neighbour PW-2 Sarika Hadke were sitting in the house of the informant and chitchatting. Both of them heard loud cries of Shashank. They went towards the court-yard of the house and saw that the Appellant was inflicting blows on the chest of the deceased Shashank with a sharp edged weapon like knife. The deceased Shashank fell down. Thereafter the Appellant inflicted two-three blows with the said weapon on his back, abdomen and hand. The informant and PW-2 Sarika Hadke raised shouts. The Appellant then fled from the scene. The informant called her brother Ajay. He took the deceased Shashank to Government Hospital on the motorcycle of Pawan Bhasme. In the hospital, on examination, doctor declared him dead. The informant, therefore, lodged the report to the Police Station, Pulgaon vide Crime No. 430/2017 for the offence punishable under Sec. 302 of the Indian Penal Code.