DASHRATH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Here is a appeal by convict for the offence punishable under Sec. 302 read with Sec. 34 of the Indian Penal Code (IPC) against judgment and order passed by the learned Additional Sessions Judge, Ambajogai dtd. 16/12/2015. FACTS IN BRIEF

(2.) Ambajogai Rural Police Station, District Beed chargesheeted accused Dashrath and accused Prakash on allegations that on 14/7/2014 at public water tap, there was dispute between accused no.1 on one hand and PW5 Namdeo Kasbe on other hand on taking tap water. Deceased Nanabhau intervened and merely questioned accused as to why they are abusing Namdeo, a fatherly figure. Getting annoyed by the same, it is the case of prosecution that, accused Dashrath ran to his house, returned with a dagger. Accused Prakash caught-hold of Nanabhau and accused Dashrath stabbed deceased Nanabhau in his stomach. Deceased was taken to the hospital. While undergoing treatment, he succumbed to injury and hence, PW2 Vasant Kasbe approached Police and set law into motion resulting into investigation at the hands of PW9 Choudhari (PI). On being challaned and tried, learned trial Judge held the case of prosecution as proved and thereby convicted appellant. Hence, the appeal.

(3.) Before adverting to merits of the case, we wish to take note of the fact that present appellant Dashrath and accused Prakash were both chargesheeted by invoking Sec. 34 of the IPC. However, as accused Prakash was absconding, trial came to be separated and present appellant alone came to be tried. SUBMISSIONS On behalf of appellant :