LAHU CHANDAR HILAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant - original accused had preferred this appeal against the judgment and order dated 13.2.2009 passed by the learned Additional Sessions Judge, Mangaon, District Raigad in Sessions Case No. 83 of 2008. By the said judgment and order, the learned Additional Sessions Judge convicted the appellant u/s 302 of the Indian Penal Code and sentenced him to imprisonment for life and to pay fine of Rs. 500/- and in default, R.I. for 30 days. The prosecution case briefly stated is as under:

(2.) Charge came to be framed against the appellant u/s 302 of the Indian Penal Code. The appellant pleaded not guilty to the said charge and claimed to be tried. The defence of the appellant is that of total denial and false implication. His further defence is that deceased Chandar was a Police Patil and he had many enemies as whenever the police used to come to the Adivasiwadi in relation to illicit liquor business, Chandar used to help the police. After going through the evidence adduced in this case and the defence raised by the appellant, the learned Sessions Judge convicted and sentenced the appellant as stated in para 1 above, hence, this Appeal.

(3.) We have heard the learned Advocate for the appellant and learned A.P.P. for the State. We have carefully considered their arguments, the judgment and order passed by the learned Sessions Judge and the evidence on record. After minutely considering the same, we are of the opinion that the appellant assaulted his father Chandar with an axe and caused his death.