JAGAN NANDA KHAIRNAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The accused-Appellant has challenged the order of the First Ad-hoc Additional Sessions Judge, Malegaon convicting him under Section 302 of the Indian Penal Code and sentencing him to life imprisonment.

(2.) The case of the prosecution is that the complainant, Sitabai, the wife of the deceased, and the rest of her family were present on 9th May 2000 in the house. Her son Jagan, the accused, came to the house and questioned his father, the deceased, about the distribution of the agricultural lands. He was not satisfied with the partition of the land belonging to his father which had taken place about eleven years prior to the incident. The deceased had allotted him and his two brothers 3 acres each as their share. The accused had sold his share to his sister Yamunabai and with the sale proceeds had purchased land elsewhere. He was also aggrieved by the fact that his parents were looking after the widow and family of his brother, Sajan who had died in 1997. The accused did not appreciate the fact that Sajan s son was looking after the lands owned by the deceased and Yamunabai. The accused had not maintained relations with his parents. According to the prosecution, on 9th May 2000 the accused went to his father s residence and stabbed him in the abdomen with a sickle as a result the intestine fell out. Yamunabai, the sister of the accused, tried to intervene, when the accused struck a blow with a sickle on her left hand. The members of the family and other brothers rushed the victim and Yamunabai to the nearest Rural Hospital. The deceased succumbed to the injuries within 15 or 20 minutes of his admission to the hospital. Yamunabai was treated for the injury sustained by her.

(3.) The accused was apprehended and was charged for having committed the murder of his father and for inflicting and injuring Yamunabai.