HANUMAN KISANRAO KADAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal, filed by the appellant Hanuman s/o Kisanrao kadam (hereinafter referred to as accused no. 1) , impugning the judgment and order passed by the Sessions Judge, Parbhani on 25th February, 2000, in Sessions Trial No. 147 of 1999. By the impugned judgment and order, the trial Court convicted accused no. 1 Hanuman for offences punishable under section 302 and section 498-A of the indian Penal Code. For the offence under section 302 of Indian Penal Code, the trial court sentenced him to suffer life imprisonment and to pay a fine of Rs. 500/-, in default to suffer further rigorous imprisonment for two months. For the offence under section 498-A of Indian Penal Code, the accused No. 1 was sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs. 200/-, in default to suffer further rigorous imprisonment for a period of one month. It was directed that both the substantive sentences, imposed upon accused No. 1, should run concurrently. The trial Court acquitted the original accused nos. 2, 3 and 4 of all the offences for which they were charged.

(2.) The brief facts of the prosecution case were as follows :

(3.) In due course, the case was committed to the Court of Sessions and after the charge was framed, the trial of the accused commenced. In order to prove its case, the prosecution examined P. W. 1 Ambadas chavan as its sole eye-witnesses. P. W. 2 vijay, P. W. 4 Waman and P. W. 5 Subhash were examined as witnesses to prove the motive for the commission of the crime. P. W. 3 Dr. Satish Tak was examined to prove the post-mortem notes and the injuries found on the person of deceased Savitribai. P. W. 6 Rama Kirtane was examined as the panch, before whom the statement made by accused No. 1, was recorded. The prosecution lastly examined P. W. 7 A. S. I. Visheshwar Nandedkar who was an Investigating Officer in the case.