NAJUKRAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this appeal, the appellant/accused Najukrao s/c Ranu Achala, challenged the judgment and order passed by the Addi. Sessions Judge, Gadchiroli in Sessions Case No. 83/89, on 7th February, 1990, convicting the appellant/accused for the offence punishable under section 302 of Indian Penal Code, and sentencing him to suffer imprisonment for life and a fine of Rs. 1000/- in default of fine to suffer R. L for 6 months.

(2.) THE prosecution case, in brief, is as follows: the appellant/accused is the younger son of deceased Manibai and P. W. 1 Ranu Achala. P. W. 1, Ranu Achala and deceased Manibai were driven out of their house by the appellant/accused about 11/2 years before the alleged incident and, therefore, P. W. 1 Ranu Achala and deceased Manibai were residing in the hut constructed in the field. The appellant/accused was residing with his wife and children in the village Yermagad. The appellant/accused was arrested by the Police as he was found in possession of a country rifle. He was in Jail for about 2 months. This incident had taken place before the incident of death of manibai. During the absence of the accused, his bicycle was removed by his brother-in-law tulshiram Usendi and he reached the said bicycle at the hut of Ranu the father of the accused.

(3.) ON or about 3. 7. 1988, at about 7. 00 p. m. while Ranu (P. W. 1) and his wife deceased Manibai were sitting in their hut, the accused came there and alleged that his father Ranu stolen his bicycle. The accused asked Ranu to reach the bicycle to his place. Due to fear, Ranu (P. W. 1) reached the bicycle to the house of the accused. When Ranu was at the house of the accused, he was beaten by fists, and kicks. Accused pushed Ranu (P. W. I) on a peg. The accused was about to beat Ranu with a burning firewood, he was saved due to intervention of Khushalrao Awasare (P. W. 9 ). Ranu escaped and returned to his hut. Ranu (P. W. 1) disclosed the entire incident to his wife Manibai (deceased ). Ranu (P. W. 1) expressed to his wife Manibai that he apprehends danger from his son and, therefore, he would go to narrate the incident to his daughter Ashibai and son-in-law at village Murmadi. When he started to proceed towards Murmadi, he saw the accused coming to his hut. Out offer, he has hidden himself behind the bushes. His wife Manibai was, however, in the hut. The accused went inside the hut. According to Ranu, he heard the voice of beating and pressing throat. He also heard voice of Manibai as Hoo, Hoo. Ranu being very much frightened immediately proceeded towards the village Murmadi. According to Ranu, he narrated the incident to his daughter Ashibai (P. W 2) and son-in-law Tulshiram. Ranu stayed at the house of his daughter for 2 nights.