SHIVAJI RAJARAM KUMBHAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by his conviction for murder of his nephew and sentence of imprisonment for life and fine imposed for offence punishable under section 382 of the Penal Code, the accused in Sessions Case no. 144 of 1996 before the Sessions Judge, Solapur has preferred this appeal.

(2.) Facts which led to prosecution of the appellants are as under:-Appellant's sister Rakhamabai is married to Dashrath, father of the deceased. Deceased behaved indecently with daughter and daughter-in-law of the accused, leading to strained relations. On the night of 21-3-1996 when the victim was sleeping in courtyard of his house, accused stabbed the victim. Victim started crying. His parents and others reached the spot. Victim's mother snatched knife from the accused and handed it over to her husband. Victim was taken to hospital and offence was registered on the basis of the statement made by the deceased to Head Constable Londe. Victim died the next morning.

(3.) After performing inquest, the dead body was sent for post-mortem examination. Police recorded statement of witnesses, seized incriminating articles, sent the incriminating articles to Forensic Science Laboratory and, on completion of investigation, sent the charge-sheet to Judicial Magistrate, First class, Solapur.