UKANDRAO PARASRAM UIKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal the appellant has challenged his conviction by the learned 3rd Additional Sessions Judge, Nagpur for the offence punishable under section 302 of the Indian Penal Code and sentence of imprisonment for life and fine of Rs. 1,000/- inflicted upon him.

(2.) The facts which led to the conviction of the appellant, upon his prosecution along with his father for the murder of his uncle could be stated as under: there was a dispute between deceased Tulsiram and his brother Parasram, original accused No. 2, over partition of agricultural land belonging to the family. On 31st July, 2000 at about 6. 30 a. m. the appellant allegedly assaulted Tulsiram near Tulsiram's house by means of wooden stalk which is used in railing of bullock-cart. Tulsiram fell down and died on the spot. On a report by Up-Sarpanch of the village an offence was registered and investigation commenced. Police performed inquest and caused post-mortem to be conducted on the dead body. In course of investigation the police recorded the statements of the witnesses seized incriminating articles, sent them to the Forensic Science laboratory and on conclusion of investigation, charge-sheeted the appellant along with his father Parasram. The learned Judicial Magistrate, First Class, narkhed received the charge-sheet and committed the case to the Court of session, Nagpur. Since both the appellant and his father pleaded not guilty to the charge of murder framed by the learned 3rd Additional Sessions Judge, Nagpur they were put on trial, in course of which the prosecution examined in all 13 witnesses in its attempt to bring home guilt to the accused. After considering the evidence tendered before him the learned 3rd Additional Sessions Judge, Nagpur held the appellant guilty of murder and convicted and sentenced him as aforementioned. He, however, proceeded to acquit co-accused, appellant's father, parasram. Aggrieved by his conviction the appellant has preferred this appeal.

(3.) We have heard Mr. R. M. Daga, the learned counsel for the appellant and Mr. S. G. Loney, the learned APP for the respondent/state. With the help of both the learned counsel we have gone through the evidence tendered.