KISAN BAKSHI BANEWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant has preferred this appeal being aggrieved by the judgment and order dated 6/4/2010 passed by the learned Sessions Judge, Bhandara in Sessions Trial No. 57/2008, thereby convicting the appellant for the offence punishable under Section 302 of Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs.500/-, in default to suffer further rigorous imprisonment for 15 days.

(2.) The prosecution case, in brief, is as under :

(3.) On 16/4/2008, at about 10.30 a.m., deceased Ramratan was standing in front of house of Jaswantabai Sahare. At that time, accused came near deceased Ramratan and inflicted injuries by iron chopper on his neck and left shoulder. P.W.3 Kejram intervened and tried to rescue deceased Ramratan. As such, he also sustained an injury. Due to assault, deceased Ramratan fell on the ground. P.W.2 Tarabai informed about the incident to P.W.1 Anjanabai, wife of deceased Ramratan. P.W.1 Anjanabai went to the spot and noticed that her husband was lying on the road. He was taken to the Hospital in a Jeep and in the Hospital, he was declared dead. Thereafter, P.W.1 Anjanabai lodged a report with Police Station, Sihora, on the basis of which Crime No.25/2008 came to be registered for the offence punishable under Section 302 of Indian Penal Code. The accused was immediately arrested.