VITTHAL KISAN DODKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant/accused, who was convicted by the Additional Sessions Judge, Chandrapur under section 302 of the Indian penal Code has come in appeal.

(2.) The facts giving rising to this appeal can be narrated as follows :-On 22nd April, 2000 there was marriage at the house of Sukhadeo dashrath Waghade. The marriage was performed in the morning and a feast was arranged in celebration of the said marriage. The incident occurred at about 5. 00 p. m. The villagers, who were invited for the feast, were taking their meals. They were sitting in rows. The deceased along with others was also sitting in the row and was having his meal. The accused Vitthal came there duly armed with an axe. As soon as he came there, he dealt a blow with an axe on the head and chest of the deceased Gulab. Gulab fell on the spot. He was removed to the hospital where he was declared dead. It is alleged that the accused, after dealing the blows challenged the villagers not to even touch him. It is also alleged that the accused was then standing outside the pandol erected for the marriage. The police were informed. They came and arrested the accused near the spot of incident and seized the axe from possession of accused, which was found to be stained with blood. The clothes of the accused were seized. Panchanama of spot of occurrence was prepared from where earth stained with blood was also seized. The articles seized were sent to the Chemical Analyser for analysis. The police recorded the statements of the witnesses and then filed charge-sheet.

(3.) After committal of the case, the learned Additional Sessions Judge framed the charge against the accused. Accused pleaded not guilty. The evidence was recorded. Upon consideration of the evidence on record Sessions Judge found the accused guilty under section 302 of Indian Penal Code and sentenced to imprisonment for life accordingly. It is against this conviction and sentence, this appeal has been preferred.