KISHOR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal, the appellant (accused) challenges judgment and order dtd. 29/12/2018 passed by learned Sessions Judge, Nagpur in Sessions Trial No.464/2017 whereby the accused is convicted for offence punishable under Sec. 302 of the Indian Penal Code and sentenced him to suffer life imprisonment.

(2.) Such of facts necessary for the decision of this appeal are as follows: Report was lodged with Ajni Police Station, district Nagpur by Sheela Ganesh Jaronde, the daughter of the deceased, on 23/5/2017 on allegations that the deceased is her mother and the accused is her real brother. At the time of incident, the deceased was residing along with the accused. As the accused was addicted to vices, his wife and his children are residing separately and, therefore, only the accused and deceased were residing together. On 22/5/2017, at about 8:00 am, when she was attending her duty, she received a phone call of her sister who disclosed that her mother is no more and, therefore, she went at the house of her mother and found that police were taking her mother to hospital and, therefore, she went in the hospital and saw that her mother had sustained injuries. The neighbours, who gathered in the hospital, disclosed that in night on 21/5/2017 Kishor, the accused, abused her mother and assaulted her. One of neighbours Maya Borkar informed the police and the police arrived at house and gave understanding to the accused. Thereafter, also, the accused assaulted her mother and caused her death. On the basis of the said report, the police have registered the offence vide Crime No.333/2017 under Sec. 302 of the Indian Penal Code. Prior to registration of the crime, the police have already registered the murge report on the basis of the report by neighbour Maya Borkar.

(3.) After registration of the crime, wheels of the investigation started rotating. During investigation, Investigating Officer has visited alleged spot of incident and drawn spot panchanama in presence of panchas. During spot panchanama, Investigating Officer has collected broken pieces of bangles, slipper (chappal) and alleged weapon of the offence i.e. a stick. The Investigating Officer has also drawn inquest panchanama and seized the clothes of the deceased. The accused was arrested and his clothes were also seized in presence of panchas. During investigation, Investigating Officer has collected postmortem notes and forwarded all the incriminating articles to Chemical Analyzer. After completion of investigation, he had submitted the chargesheet against the accused.