SHANTAPPA PARISA MANARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the appellant's conviction by the learned Additional Sessions Judge, Sangli, of offence punishable under Section 304 part II of the Indian Penal Code and sentence of rigorous imprisonment for 5 years with fine of Rs. 10,000/- or in default rigorous imprisonment for one year, imposed upon the appellant, on conclusion of trial of Sessions Case No. 120 of 1995, before him. The facts which are material for deciding this appeal are as under:-

(2.) The learned Additional Sessions Judge to whom the case was made over charged the appellant, his two sons and his wife of offences under Sections 302 and 323 of the Indian Penal Code. The charge initially framed on 23rd January, 1996 was modified on 19th February, 1996. Since the accused persons pleaded not guilty, they were put on trial at which the prosecution examined in all 7 witnesses in its attempt to bring home the guilt of the appellant and other accused persons. After considering the prosecution evidence in the light of defence of being falsely implicated and as the victim had suffered fatal injury, the learned trial Judge convicted and sentenced the appellant accused No. 1 as aforementioned while acquitting the other accused persons of all the offences for which they were charged. Aggrieved thereby the appellant is before this Court.

(3.) I have heard learned counsel for the appellant and the learned Additional Public Prosecutor for the State. With the help of both, I have gone through the evidence on record. As rightly pointed out by the learned Additional Public Prosecutor, the cross-examinations of eye witnesses i.e. victim's son PW 1, wife PW 2, and daughter-in-law PW 3, would clearly show that there was scuffle between the appellant's family and the family of victim. The defence was that the victim suffered injury by fall. P.W. 4 Dr. Supriya Waydande, had conducted postmortem on the victim's body. She proved the notes of postmortem at Exh. 23. These notes show that the victim had as many as 11 surface wounds. The doctor had also drawn sketches to show the places where the injuries had been suffered by the victim. The injuries are described as under:-