VICHET Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellants' conviction in Sessions Trial No.271/2017 for the offence punishable under Sec. 302 of the Indian Penal Code, led him to file this appeal raising challenge to the finding of guilt recorded by the trial Court.

(2.) The appellant/accused was charged for committing murder of a minor boy - Atharva, aged 3 years with requisite intention and knowledge, thereby committing an offence punishable under Sec. 302 of the Indian Penal Code. The prosecution examined 7 witness to establish the guilt, besides relying on documentary evidence. On the basis of forthcoming material, the trial Court held that the accused is the author of the crime and his act falls within the term 'murder', as defined under Sec. 300 of the Indian Penal Code, and accordingly passed the order of conviction.

(3.) The prosecution case in brief is that the accused was neighbouring resident of the informant lady. The deceased Atharva was 3 years child of the informant. On the date of incident i.e. 3/3/2017, around 5 p.m., while the deceased was playing in the court yard, accused beat him by fist-blows, kicks, and thrown him on a hip of earth, resulting into his death. The informant Shashikala [mother] has witnessed the occurrence. She immediately rushed to the police station and lodged the report. One neighbouring resident has also seen the incident. Injured Atharva was admitted to the hospital where he was declared dead. There were several abrasions on the person of the deceased. The cause of death was hemorrhage and shock due to liver laceration. After completing necessary and usual formalities, final report was filed. After full fledged trial, the accused was convicted for the offence punishable under Sec. 302 of the Indian Penal Code.