ABA NARAYAN KALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BEING aggrieved by the judgment and order of conviction and sentence passed on 22-3-1999 by VI Additional Session Judge, satara in Sessions Case No. 179/98 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 revealed on reappreciation of evidence on record stated briefly is that there was a dispute between the family of the accused and the family of the deceased victim. The accused beat one Anil taware because he had abused son of the accused when the father of said Anil went to enquire as to why Anil was beaten the accused got annoyed and brought an iron bar from his house to hit Anil. Because of the interception of Govardhan iron bar fell on the thigh of said Anil. The accused thereupon left iron bar and throttled Anil as consequence of which anil died. He was rushed to the hospital where he was declared dead and therefore First Information Report was lodged, pursuant to which investigation was undertaken, accused was arrested and prosecuted. The prosecution examined as many as 11 witnesses to prove its case of murder of anil by throttling by accused. On appreciation of that evidence Additional district Judge, Satara found the accused guilty of the offence and therefore punished him to suffer imprisonment for life as aforesaid. It is this order which is challenged in this appeal.