VILAS VISHWANATH KORADKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Advocate for the Appellant / Accused and the learned APP for the Respondents - State.

(2.) Accused by this appeal has challenged his conviction under Section 302 of Indian Penal Code by which he is sentenced to suffer imprisonment for life and fine of Rs.500/- in default R.I. for one month by IIIrd Additional Sessions Judge, Satara by judgment dated 25.4.2002.

(3.) The name of the deceased in this case is Bhagwan Durgale and complainant is Somnath Sawant. According to the prosecution the incident has occurred on 3.4.2001 at about 8.00 p.m. On that day at 5.45 p.m. accused met complainant Somnath near Hanuman Hotel at Chaukicha Amba. Deceased Bhagwan also came. He asked the accused to offer him liquor, but the accused had no money. Thereafter, complainant, accused and Tanaji Sawant came to the hotel of Sulabai Gujar. They consumed liquor worth Rs.15/- and Bhagwan also came there. He consumed liquor worth Rs.10/-. Accused paid Rs.10/- to Sulabai. Thereafter, the complainant, accused and deceased Bhagwan came to the house of Phulabai Kanjarbhat, where they again consumed liquor. Then they started proceeding towards Kokrale. The accused told the complainant that he would reach deceased Bhagwan to his house. Complainant started returning back towards Chaukicha Amba, he wanted to answer nature s call. Accused and deceased proceeded towards Kokrale. At that time complainant heard the noise of beating with stick. He got up and saw the accused beating the deceased on his head and thigh. Deceased Bhagwan raised alarm and fell down. Accused saw the complainant and rushed towards him and asked him not to disclose the incident to anybody. Accused dragged Bhagwan towards the debris by the side of the road. It was about 8 p.m.