ASHOK HARI PAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BEING aggrieved by the the order of conviction passed by the Additional Sessions Judge, Raigad in sessions Case No. 171 of 1996 under sections 302 of ipc on 10-7-1997 the appellant has preferred this appeal on the grounds mentioned in the memo of appeal

(2.) WITH the assistance of the learned counsel for the accused and the learned Prosecutor, we have scrutinised the records of the case and re-appreciated the evidence on record.

(3.) THE prosecution story stated briefly is that on 10-8-1996 around 9. 00 p. m. there was altercation between accused no. 1 Ashok and the victim Navashya regarding the victim seeing the ailing mother of accused. He however told his wife Bhagibai to see what happened to the ailing mother. When the witness bhagibai was enquiring about the mother, the victim navashya also came there and the accused Ashok gave a stick blow on the head of the victim when the witnesses shouted and the accused again gave a blow of sickle on the neck of victim, as a result of which Navashya died. A complaint was lodged on the basis of which investigation was undertaken and prosecuted the accused/present appellant and accused no. 2. The prosecution has examined 9 witnesses to prove its case. The learned trial Judge on appreciation of their evidence came to the conclusion that the prosecution has failed against accused no. 2 but has prcved its case in so far as accused no. 1 is concerned. He therefore proceeded to convict the accused no. 1 as aforesaid. The present appel is directed against that conviction.