PRABHAKAR BHIKU REWALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by the order dated 14-8-2002 passed by the Additional Sessions Judge, Ratnagiri in Sessions Case No. 17 of 2002 convicting the accused under section 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life, the accused has preferred this appeal on the grounds mentioned in the memo of appeal.

(2.) With the assistance of the advocates for the parties, we have gone through the entire record. We have reappreciated the documentary and oral evidence on record. On reappreciation, the prosecution's story as disclosed by evidence is as under : The accused Prabhakar Revale and the victim Umesh Shevade were working with PW1 Vinayak on his poultry farm. Apart from being paid wages, they were also given free meals by the employer. On 8-6-2001 after taking their night meals, the accused and the victim were supposed to go to the poultry farm and the accused was not willing to go and therefore there was verbal exchange between the two and the victim slapped the accused twice or thrice on the back which annoyed the accused very much. But they left for the poultry farm. In the morning of 9-6-2006, the accused came to the house of the complainant and informed him that he has finished Umesh, the victim. His clothes were stained with blood. Therefore, a report was lodged by the complainant PW1 before the police. He has proved that report. On the basis of this report, investigation was conducted, the accused was arrested and on completion of the investigation, the accused was charge-sheeted under section 302 of the Indian Penal Code. The learned trial Judge on appreciation of evidence on record came to the conclusion of guilt and consistent with the conclusion sentenced the accused to suffer imprisonment for life. Hence, this appeal.