ARUN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this Appeal, the appellant (hereinafter referred to as accused) takes exception to the Judgment and Order dated 1.2.2002 passed by the IIIrd Additional Sessions Judge, Akola in Sessions Trial No.129/2001 convicting the accused for an offence punishable under section 302 of the Indian Penal Code.

(2.) Briefly, the prosecution case is as follows: Deceased Manohar Aadhe who was resident of Akola Town had come to village Palsod in Akot Taluka to his cousin brother Ukarda Aadhe with an intention to go to Amravati for purchasing clothes for the marriage of his daughter Shila, which was settled. The accused was also resident of village Palsod. On 8.3.2001 which was a day of Holi festival the deceased along with his friend Madhukar Pundkar had drink by the side of the house of Madhukar Pundkar. At that time accused came and demanded some liquor from deceased Manohar Aadhe. When deceased Manohar refused to accede to the demand there was a scuffle between them. Soon thereafter the accused took out an iron rapi (an instrument for cutting leather) and dealt a blow on the neck of the deceased. Deceased Manohar sustained injury on his neck which led to profuse bleeding and he collapsed on the spot. The accused fled away. Sunil Pundkar, the son of Madhukar rushed to the house of Ukarda Mahadeo Aadhe, the cousin of the deceased and informed him about the incident. Ukarda, his wife and daughter in-law along with Sunil rushed to the spot of the incident and found that deceased Manohar was lying in a pool of blood on the road in front of the house of Nagotao Kharate and Harishchandra Ukarde. Near the dead body they found an iron rapi, leather chappals, rubber footwears (slippers). All these articles were stained with blood. Ukarda immediately went to the Police Station, Dahihande and lodged F.I.R. against the accused on the basis of which Crime No.18/2001 under section 302 of the Indian Penal Code was registered. The Investigating Officer P.S.l. Sanjay Sable visited the spot of incident and after conducing spot panchanama and inquest Panchanama the body of the deceased was sent for post-mortem examination. The accused was arrested on the same day and the clothes of the accused were also seized. The statements of several witnesses including Pundalik Raurale to whom the accused had made extra judicial confession were recorded. The articles seized then were sent for chemical analysis. After completing the investigation, the charge sheet for the offence under section 302 of I.P.C. was filed in the court of Chief Judicial Magistrate, Akola. The case was committed to the Court of Sessions Judge and during the trial the charge under section 302 of I.P.C. was framed against the accused by the IIIrd Additional Sessions Judge, Akola in Sessions Trial No.1292001.

(3.) In support of its case, the prosecution examined 10 witnesses and produced several documents. After appreciating the evidence led by the prosecution the trial court held the accused guilty for the offence under section 302 of I.P.C. and sentenced him to undergo imprisonment for life and to pay a fine of Rs.50/- in default to undergo further R.I. for 15 days.