SUBHASH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By the present appeal, the appellant Subhash @ Sopan Pralhad Gawande, who is sentenced to suffer life imprisonment, as awarded to him by the learned Adhoc Additional Sessions Judge1, Buldana, Camp at Malkapur in Sessions Case No.63/2012 (Old S.T. No.5/2012), after holding him guilty for committing the offence punishable under Section 302 of the Indian Penal Code, is before this Court.

(2.) Shivaji Bhatu Ahire (PW8) a probationary Police Sub Inspector was present at Nandura Police Station on 4.11.2011. That time, Sudhir Gawande (PW1) came to Police Station and lodged his oral report (Exh.25). As per the said report, though he resides at Nashik in view of his service, for the purpose of Diwali, he had been to his village Mamulwadi. On 4.11.2011, he heard the noise and commotion. Therefore, he rushed towards the place of incident to notice that his uncle Murlidhar Dnyandeo Gawande lying in a pool of blood and Subhash @ Pralhad Gawande, the appellant, was proceeding from the spot along with blood smeared sickle in his hand. Deceased Murlidhar Gawande and Subhash Gawande, the appellant, are his cousins and there was a long standing dispute in between them on account of distribution of agricultural property. After getting such oral report, a crime was registered against the appellant vide Crime No.138/2011 and printed F.I.R. (Exh.26) was prepared.

(3.) Shivaji Ahire (PW8), thereafter, proceeded along with staff to the place of occurrence. There, in the presence of panchas, spot panchanama (Exh.37) was drawn. The inquest panchanama (Exh.39) over the dead body was also drawn. Thereafter, the dead body was sent to postmortem at Primary Health Centre, Nandura. The postmortem report (Exh.45) was received by the investigating officer.