BAJRANG GANPAT AWARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Taking exception to his conviction for offence of murder punishable under Section 302 of Indian Penal Code and the resultant sentence of imprisonment for life inflicted by the learned Additional Sessions judge, Solapur, the appellant Bajrang Ganpat Aware has preferred this appeal.

(2.) Facts which led to the prosecution of respondents are as under:- deceased Vasant Gangaram Karade's daughter Sangita was married to the appellant's brother Ramesh Ganpat Aware in the year 1991. Sangita was ill-treated by her husband and mother-in-law. The appellant, who resided at mumbai, too participated in ill-treatment whenever he visited to his native place. On account of this ill-treatment, complaints had been made to police against Sangita's husband-Rarnesh and appellant's mother. About 4 to 5 days before the incident, Sangita was driven out of the house. This led to filing of a report to police on 11th July, 1996. The appellant's mother threatened that she would teach a lesson to Sangita and her family members after arrival of her son, the appellant, from Mumbai.

(3.) At about 9. 00 a. m. on 15th July, 1996, victim Vasant Karade left his house for Mohol for taking treatment. Uttam Ganpat Mane met him on the way and the victim requested Uttam to accompany him to Mohol. When they were proceeding towards S. T. stand, while passing by the house of Tukaram sathe, appellant Bajrang came there from the rear and inflicted several blows on Vasant Karade. Vasant Karade fell on spot, and in a short while, succumbed to his injuries. The incident was seen by Uttam Ganpat Mane, Usman mulani and child witness Namdeo Anand Chavare. Vasant's son Rajkumar, who had gone as usual to work at railway station, Mohol, was informed by the station master and on learning of a incident, gave a report to police.