SITARAM HIRAMAN JOPALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant-original accused has preferred this appeal against the judgment and order dated 30th June, 2009 passed by learned Additional Sessions Judge, Nashik in Sessions Case No. 181 of 2005. By the said judgment and order, the learned Sessions Judge convicted the appellant under Section 302 of IPC and sentenced him to RI for life and to pay a fine of Rs.1,000/- in default RI for three months.

(2.) The prosecution case briefly stated, is as under:

(3.) At 4.30 a.m. Mangal, grand-daughter of PW2 cried loudly, therefore, PW2 Palvi got up from sleep. He saw that his daughter Bharati was having bleeding injury on the right side of the neck and a blood stained axe was lying near her. At the same time, PW2 Palvi saw his son-in-law proceeding towards door. PW2 found that his daughter Bharati was dead. Thereafter, he followed the appellant and tried to search for him but he could not find him. PW2 Palvi then went and informed the incident to DW1 Hiraman, who is father of the appellant and to the Police Patil. PW2 Palvi then went to the police station and lodged his FIR Exh.32. Thereafter, the investigation commenced. The dead body was sent for post mortem. PW7 Dr. Mohandas conducted the post mortem on the dead body of Bharati. He found following external injuries on the body of Bharati: