RAJU KSHATRIYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant has challenged the Judgment and order dtd. 22/7/2016 passed by the learned Additional Sessions Judge, Pune, in Sessions Case No.45 of 2015. The Appellant was convicted for commission of the offence punishable under Sec. 302 of the I.P.C. and was sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs.10000.00 and in default to suffer R.I. for one year.

(2.) Heard Mr. Khamkar, learned counsel for the Appellant and Ms. Kranti Hiwrale, learned APP for the State.

(3.) The prosecution case is that the deceased Virendra Kumar and the Appellant were working as the labourers under the supervision of the first informant Parasnath Vishwakarma. They used to sleep on the fifth floor of the building where the construction was going on. The prosecution case is that, in the late evening on 25/9/2014, there was a quarrel between the deceased Virendra Kumar and the Appellant. The Appellant wanted financial help from the deceased, but he refused; therefore, there was a quarrel. After the dinner, they went to sleep on the fifth floor. In the morning, the deceased was found in a pool of blood with the head injury. There was a cement block and a hammer lying nearby. According to the prosecution case, the Appellant committed this murder in the night and then absconded. On the next morning, when the dead body was discovered, Parasnath informed the police. The police came on the scene. They made enquiries. Parasnath gave his F.I.R. at about 2:30p.m. on 26/9/2014. The Appellant was arrested on 3/10/2014. His blood stained shirt was recovered at his instance from a field, lying in the grass, on 5/10/2014. In the meantime, the investigation was continued, the postmortem examination was conducted, the statements of the witnesses were recorded and at the conclusion of the investigation, the charge-sheet was filed. The case was committed to the Court of Sessions.