GORAKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present application has been filed under Sec. 389 of the Code of Criminal Procedure for suspending the sentence and releasing the applicant on bail. The applicant stood prosecuted for committing offence punishable under Sec. 302 of Indian Penal Code before the learned Additional Sessions Judge, Ahmednagar in Sessions Case No.94 of 2021. It is alleged that he has committed murder of his own son. After hearing both sides and perusing the evidence, the learned Additional Sessions Judge, Ahmednagar hold the applicant - accused guilty and sentenced him to suffer imprisonment for life and to pay fine of Rs.5,000.00, in default, to suffer rigorous imprisonment for one year.

(2.) Heard learned Advocate Mrs. Pratibha Bharad for the applicant and learned APP Mrs. V. S. Choudhari for the respondent - State. With the able assistance of learned APP, we have gone through the evidence, which was before the Trial Court.

(3.) The case rests on direct as well as circumstantial evidence. The informant P.W.1 Tarabai is the mother of the deceased and wife of the present applicant as well as she is the eye witness. The second witness on which the prosecution has relied is P.W.4 Muktabai, who is also the eye witness, real sister of Tarabai as well as her sister-in-law. P.W.2 Satish is the neighbouring farmer who had seen the accused running with iron rod before the incident and then P.W.2 rushed to the spot after the incident. In short, he was the person who immediately went to the spot and then from P.W.1 and P.W.4, he got the information. The testimony of the eye witnesses stood supported as regards the homicidal death is concerned with the medical evidence. The autopsy report says that the probable cause of death is head injury due to trauma over head due to hard, blunt and heavy object. There is also the report by the medical officer after murder weapon was sent to him that such injuries as noted by him on the dead body were possible by the said weapon. P.W.6 Shivaji is the panch witness to the discovery panchanama. It appears that immediately after the incident the injured was shifted to Maccare Hospital, Ahmednagar and was examined by P.W.7 Dr. Mohd. Majid. Deceased was admitted to the hospital around 5.30 a.m. and he expired at 7.15 a.m. Therefore, P.W.7 Dr. Mohd. Majid has given the account of the treatment that was given to the deceased at his hospital.