PRAKASH LAXMAN DENGALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BEING aggrieved by the judgment and order of conviction under section 302 IPC recorded by -he add1. Sessions Judge, Pune the appellant 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 defense and the prosecution we have scrutinized the record and reappreciated the evidence.

(3.) THE reappreciation of evidence reveals the story of the prosecution as under: that the accused had a grudge against the deceased as he suspected illicit relationship between his mother and the deceased. There used to be frequent quarrels between the two because of the suspicion On 28. 6. 1989 there took a place of quarrel between the accused and the deceased and the accused left the house in angry mood. It is then alleged by the prosecution that after the mother Parvatibai and Godavribai went to sleep in one room and Ankush the deceased with his wife slept in other room. Around 2. 30 in the night Senabai widow of Ankush-deceased woke up hearing cries of Ankush to see the accused with dagger in one hand and lighted torch in the other. She also shouted, accused tried to gag her and then ran away. Others including Godavaribai came on the scene, saw the victim injured, arranged for his transportation to hospital where he died. The accused was suspected, arrested and prosecuted. Tne prosecution resulted in the conviction as aforesaid sentencing the accused to suffer imprisonment for life. The prosecution has examined as many as seven witnesses to prove it case.