PRAKASH SHANKAR MOHITE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by the judgment and order dated 4th March 200d passed by the Addl.Sessions Judge, Ratnagiri in Sessions trial No. 61 of 2002, the appellants named above have preferred this appeal on the grounds mentioned in the memo of appeal as also verbally canvassed before us.

(2.) With the assistance of the advocate for the appellant and the Addl. Public Prosecutor we have reappreciated the evidence oral and documentary and from the reappreciation the prosecution story reveals as under:

(3.) The accused is the nephew of Gangaram Mohite. There was a dispute according to the prosecution, between the father of the accused and Gangaram. Gangaram has sold some common trees and has not paid anything to his younger brother Shankar. Shankar was annoyed because of the same. There was also a quarrel between deceased Gangaram and the accused on account of fetching of the water from the municipal tap. Accused has threatened Gangaram to take revenge. In the night of 21-5-2002 Gangaram and his daughter Seema were only at the house. Gangaram was sleeping in the varandhah of the house which is called as Padavi. Seema was sleeping in the Oti of the house, the inner room adjacent to Padavi. In the night, at about 9.00 to 9.30 p.m. Gangaram got up from the sleep because of the receiving of a heavy blow over the head. He found the accused standing nearby him with some weapon. Gangaram then fell unconscious. He was then immediately taken to the hospital at Kamathe. Police complaint was accordingly lodged, investigation was conducted and the accused has prosecuted for offence under section 302 of IPC.