HARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal, the appellant (accused) challenges judgment and order of conviction and sentence dtd. 30/9/2019 passed by learned Additional Sessions Judge, Wardha in Sessions Case No.09/2018 whereby learned Judge of the trial court convicted the accused for offence punishable under Sec. 302 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for life and to pay fine Rs.1000.00 and in default of payment of the fine amount to suffer rigorous imprisonment for three months. Learned Judge of the trial court also given the accused set-off under Sec. 428 of the Code of Criminal Procedure since the accused was in jail.

(2.) Facts of the case in a nutshell are as under: Informant Dinesh Champatrao Nagose, has lodged report approaching Kharangana Police Station, district Wardha on 19/9/2017 on allegations that Champatrao Nagose (the deceased) is his father and was working in agricultural field of Ramesh Daburkar. On 19/9/2017 also, at about 6:00 am, his father went in the agricultural field for doing labour work. He is a auto-rickshaw driver and, therefore, he also left the house along with his auto-rickshaw at S.T.Stand. At about 11:00 am, he learnt that an old person is lying in a dead condition in an agricultural field of Vijay Jagtap and, therefore, he immediately proceeded towards the agricultural field whereat his father was working. On the way, he met one Dilip Chaphale who informed him that his father went to home. At the relevant time, he received a phone call of Vinod Masram who disclosed that his father is lying in a dead condition in the agricultural field of Vijay Jagtap. He immediately went at the spot and saw that his father was lying in a dead condition in the field of cotton crops who had sustained the head injury and injuries on his person. He further observed that an axe was lying at some distance from his dead body. He suspected that villager Hari Waghade was suspecting that his father is doing witchcraft and on that suspicion said Hari Waghade has committed the murder of his father. On the basis of the oral report lodged by informant Dinesh, Kharangana Police registered the offence vide Crime No.392/2017 under Sec. 302 of the Indian Penal Code.

(3.) After registration of the offence, wheels of investigation started rotating. During investigation, the Investigating Officer has visited the alleged spot of the incident and drawn spot panchanama. Prior to lodging of the report, the police have received a phone call of one Amit Jagtap who informed that an old man is lying dead in his field. During spot panchanama, the police have seized an axe, a stick, hairs in the hands of the deceased, chappal, simple soil, blood stained soil, one bluish colour button, white colour dupatta, cotton plant having blood stains and cotton swab stained with the blood from the spot of the incident. Inquest panchanama was also drawn during the investigation by noting the injuries on the person of the deceased. The accused was arrested. During the investigation, the accused made a memorandum statement that he will produce the shirt and the pant which were on his person at the time of the incident. The accused led them towards his village and produced the clothes. The clothes were having stains of mud and blood. On the basis of the statement of the accused, a sickle and a catlee, used in the commission of the crime, were seized. All the incriminating articles are forwarded to the Chemical Analyzer. The Medical Officer opined that the death of the deceased is caused due to strangulation. The Investigating Officer has obtained the opinion by referring the incriminating articles as well as the cotton plants to ascertain that whether strangulation is possible by the stems of cotton plants. After completion of the investigation, the Investigating Officer has filed chargesheet against the accused.