KAKASAHEB Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. The appeal is admitted on 19th December, 2012. The appeal was directed to be heard by dispensing with paper book by order dated 19th December, 2012. On 13.2.2013, learned Counsel for the appellant submitted that the original complainant Kacharu Bhika Mohite, is father of the appellant - Kakasaheb, and is repenting for lodging of FIR giving rise to Sessions Case No. 268/2012, culminating into conviction of Kakasaheb. An affidavit of the informant - Kacharu, duly verified by learned Counsel, was tendered, confirmed by informant.

(2.) The informant present today, interacted to the court that his old age does not permit him to further prosecute the matter, his son has already learnt a lesson by remaining in custody. He has urged, through his advocate, to acquit the appellant on undergone period of sentence.

(3.) The incident has taken place on 12.12.2011. The accused, son of the informant, had abused the informant. Intervention by mother of accused did not yield result. The accused was driven out of the house. He returned home at 11.00 p.m. and under influence, set ablaze the house, by igniting with a match-stick, causing loss of cotton of 5 quintiles worth Rs. 20,000/-; five bags of Bajra, worth Rs. 6,000/-; groundnuts 70 kg. worth Rs. 2100/-; household articles, worth Rs. 10,000/-.