BHAGWAN MARUTI SHELKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BEING aggrieved by the judgment and order of conviction and sentence passed on 16. 12. 1999 by III additional Sessions Judge, Pune in Sess. Case No. 422/98 the appellant named above has preferred this appeal on the grounds mentioned in the memo of appeal and as verbally canvassed by the learned advocate appearing on behalf of the appellant before us.

(2.) WITH the assistance of the learned counsel for the defence and the prosecution we have scrutinized the record and reappreciated the evidence.

(3.) THE prosecution story as disclosed as it emerges from reappreciation of evidence on record stated briefly is that there was previous enmity between the accused and the victim who were staying in the same locality. On 6. 7. 1998 in the morning around 6. 00 p. m. complainant wife of deceased was cleaning utensils in front of her husband and the deceased had gone to toilet in the open area behind the building. She heard shouts of her husband andtherefore rushed towards the noise to find the accused stabbing the victim with scissor and when the complainant tried to save the victim she was pushed away by the accused. By that time the son of deceased had also arrived and the accused therefore ran away. On the complaint First Information Report was recorded, investigation was completed, the accused also was arrested on 6/7/1998 and on completion of investigation he was prosecuted under section 302 of Indian Penal Code and on appreciation of evidence of these witnesses the learned trial Judge found him guilty and sentenced him as aforesaid.