SHANKAR DIWAL WADU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BEING aggrieved by the order of conviction passed by the II Additional Sessions Judge, Paighar in sessions Case No. 852 of 1996 under sections 302, 506 of IPC on 25-3-1999 the appellant has preferred this appeal on the grounds mentioned in the memo of appeal as also orally canvassed before us.

(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 as it emerges on our re-appreciation of evidence stated briefly is that the accused Shankar Wadu is the brother of Mahu Wadu who was assaulted, which assault resulted in death. The incident occurred around 8. 00 p. m. on 22-10-1995 at kainad Wadu Pada, Taluka Wada, District Thane, where both the accused and the victim were residing along with other close relations. According to the prosecution, accused wanted to marry one Kamlibai and was enraged by her refusal. At that very time, he was told by the victim that he cannot force and dragged kamlibai to his house. The accused got enraged by such unwarranted advise and therefore lifted wooden plank (pet) and hit her on the head of the victim who died on the spot. Complaint of this assault was lodged by one yeshubai who is closely related to both the accused and the victim. On receipt of this report, investigation was conducted, the accused was arrested. The prosecution has examined as many as eight witnesses to prove its charge of murder against the accused and the learned trial Judge on appreciation of the evidence came to the conclusion of guilt and convicted the accused as aforesaid. It is this order which is challenged in this appeal on the grounds mentioned in the memo of appeal as also verbally canvassed by the learned advocate appointed to defend the accused / appellant.