NITIN AGANDA LADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) 1. By this appeal, the appellant has impugned the judgment and order dtd. 23/8/2013, passed by the learned Additional Sessions Judge, Karad passed in Sessions Case No. 15 of 2012, by which, he has been convicted and sentenced as under:-

(2.) According to the prosecution, the incident took place on 27/10/2011 between 11.00 a.m. to 11.30 a.m, when Prajwal (deceased) aged about 2 1/2 years, was playing in the courtyard. As Prajwal(deceased) did not return, his mother P.W.-6-Nutan Nilesh Sawant, started searching for him and even went to Karad, to find out whether Prajwal(deceased) had gone along with his maternal aunt. Prajwal(deceased) was later found in the well of one, Shankar Pandurang Kadam and as such, had died due to drowning. Pursuant thereto, an FIR was lodged by PW-5-Nilesh Baban Sawant, father of the deceased and brother- in-law of the appellant, as against the appellant, alleging an offence punishable under Sec. 302 of the IPC. On registration of the FIR, the appellant came to be arrested. After investigation, chargesheet was filed in the court of learned Magistrate, since the offence under Sec. 302 was sessions triable, the case came to be committed to the Court of Sessions for trial.

(3.) Thereafter, the Trial Court framed charge as against the appellant under Sec. 302 of the IPC to which the appellant pleaded not guilty and claimed to be tried.