INDARJEETSINGH Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant, who is convicted by the learned Additional Sessions Judge -1, Nanded in Sessions Case No. 60 of 2009, for the offence punishable under Section 302 of the Indian Penal Code and is directed to suffer rigorous imprisonment for life and to pay a fine of Rs. 5,000/ -, in default of payment of fine to undergo simple imprisonment for one year, is before this court by presenting this appeal. Ranjeetsingh Bhullar, along with his three sons - Manmohansingh (PW 2), Satvindarsingh (deceased), Indarjeetsingh (present appellant) and a daughter namely Jasvindar Kaur (PW 5), at the relevant time was residing at Sindhi Colony, Nanded, in a rented house.

(2.) MANMOHANSINGH lodged a report with police station Vajirabad, Nanded. The said report is at Exh. 10. It was reported by Manmohansingh to the police authorities that in the intervening night between 27.1.2009 and 28.1.2009, he, along with his sister Jasvindar Kaur and brother Satvindersingh were sleeping in one room; whereas the appellant Indarjeetsingh was sleeping in another room. In the morning of 28.1.2009, at about 6.30 a.m., appellant Indarjeetsingh gave a blow of pickaxe/hoe on the head of Satvindersingh. With this basic facts, the complaint (Exh. 10) was lodged. On the basis of the said complaint, an offence under Section 307 of the Indian Penal Code was registered against the present appellant. Injured Satvindersingh was admitted in the Government Hospital, Nanded and was given treatment. Throughout he was unconscious. During treatment, on the very same day, Satvindersingh died. On getting the information of his death, the offence under Section 307 was converted into an offence punishable under Section 302 of the Indian Penal Code.

(3.) WE have heard learned advocate Shri S.S. Londhe, appointed for the appellant and learned Additional Public Prosecutor Shri P.N. Mule for the respondent/State.