BHAGWAN RAMDAS TUPE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present appeal has been filed by the original accused challenging his conviction in Sessions Case No.220/2012 dtd. 10/2/2016 by learned Additional Sessions Judge, Jalgaon after holding him guilty for the offence punishable under Sec. 302 of the Indian Penal Code, 1860. The appellant has been sentenced to suffer imprisonment for life and pay fine of Rs.5,000.00 (Rupees Five Thousand only), in default to suffer rigorous imprisonment for six months. He was not on bail throughout the trial and, therefore, set off under Sec. 428 of the Code of Criminal Procedure has been granted.

(2.) The prosecution story, in short, is that - deceased Vithabai Bajirao Patil is the mother of PW 2 Anita Sanjay Adhav and grandmother of PW 1 Vaishnavi Sanjay Adhav. Vithabai and Anita were residing adjacent to each other. The accused was also residing adjacent to them. Vithabai was admitted in Bapji Rural Hospital, Chalisgaon on 8/9/2012 after she sustained burn injuries. MLC was given to Chalisgaon Police Station and, therefore, PW 10 then Police Sub Inspector Mr. Suresh Deshmukh went to the hospital and recorded her statement as per her say. On the basis of the said statement, offence vide Crime No.294/2012 was registered for the offence punishable under Sec. 307 of the Indian Penal Code. Panchnama of the spot was executed and articles were seized. Vithabai was then shifted to Civil Hospital, Dhule for further treatment. Statements of witnesses were recorded. Vithabai expired on 10/11/2012 and, therefore, Sec. 302 of the Indian Penal Code came to be added. In the meantime accused was arrested. After death of Vithabai inquest panchnama was prepared and dead body was sent for postmortem. Postmortem Reports were collected. After the completion of investigation charge sheet was filed.

(3.) After the committal of the case, charge was framed and trial was conducted. The prosecution has examined in all 10 witnesses to bring home the guilt of the accused, whereas the accused has examined two witnesses in defence. After considering the evidence on record and hearing both sides the learned trial Judge has convicted the accused, as aforesaid. Hence, the present appeal.