GOVIND Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction of appellant under Sec. 302 of Indian Penal Code and sentence of life imprisonment imposed on him by learned Additional Sessions Judge, Nilanga in Sessions Case No. 04 of 2016.

(2.) It is the prosecution case that, Madhav Govind Waghe (PW4) lodged report with Shirur Anantpal Police Station on 14/10/2015 alleging that he along with his family resides at village Wanjarkheda. His elder brother Rambhau Waghe (deceased) was residing at Hyderabad since last 15 years. On 14/10/2025 his brother had been to his native place and he wanted to proceed to Tuljapur. Earlier his brother had purchased 1 Acre 1 1/2 guntha land at Wanjerkheda. The dispute about said land was going on with the family members of accused Govind Taterao Suryawanshi. A civil suit resulted in favour of his brother, therefore, accused Govind and his family members were having grudge against them. Govind and his brothers were threatening to kill them saying that though the result of the Court has gone in your favour, they will determine their fate. Though, PW4 and his family members tried to give them understanding, it was of no use.

(3.) The information that one person has been murdered on Halki to Mushirabad road was received to the police station through Police Patil of village Halki. PW6- Ashok Anantare took entry in the station diary and visited the spot along with his staff. On reaching their he found that dead body of Rambhau was lying on road facing down. He also noticed Police Patil and PW4 on the spot. Dead body was inspected in the lights of lantern, torch and vehicles. Inquest panchnama was conducted on the spot. Dead body was then sent for post mortem. Informant-PW4 was then taken to police station and his report was recorded at Exhibit-83. Crime No. 83 of 2015 was registered and investigation was handed over to PW6. During the investigation, spot panchnama was conducted. Accused were arrested. Their clothes were seized under panchnamas. On the basis of memorandum statement of accused Govind (Exhibit-64), alleged murder weapon axe used in the crime was recovered vide panchnama (Exhibit-65). On completion of investigation charge sheet was filed.