MADHUKAR KASHIRAM SURPAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant - Madhukar Kashiram Surpam (original accused) who is convicted by judgment and order dtd. 28/6/2019 delivered by the Sessions Judge, Yavatmal in Sessions Case No.60/2018 and sentenced to undergo imprisonment for life for the offence punishable under Sec. 302 of the Indian Penal Code, with payment of fine of Rs.500.00 and in default of payment of fine, to undergo simple imprisonment for three months, has filed this Appeal under Sec. 374 of the Code of Criminal Procedure, challenging their aforesaid conviction and sentence. It is informed that the accused is in jail.

(2.) The prosecution case in brief is as under :

(3.) It is further stated that on 24/3/2018 at about 2 to 2.30 p.m. both the deceased and accused were standing near vegetable stall of Akash Wagade, where a scuffle took place between them on account of consuming liquor. Madhukar had threatened the deceased that he should wait there, and accused will see him, and he thereafter went away. It is further alleged that after some time Madhukar came near the vegetable stall of Akash with a knife in his hand and gave knife blows on the chest and stomach of the deceased Munna. Immediately the deceased fell on the ground and died. Thereafter, the accused ran away from the spot of incident. The informant came to know about this incident from his wife, accordingly he rushed towards Vasantrao Naik Government Medical College and Hospital, Yavatmal and thereafter lodged the report with the Police Station Awdhutwadi, Yavatmal (Exh.12) which was registered as first information report No.336/2018 (Exh.13) for the offence punishable under Sec. 302 of the Indian Penal Code. This report was recorded and registered by API Shri Dhere. He visited the place of occurrence and found the dead body with bodily injuries lying in a pool of blood on the road. Spot panchnama was drawn. He collected simple earth and blood stained earth from the spot. The investigation was thereafter handed over to API Amol Barapatre (P.W.5).