GAUTAM LAXMAN WANKHEDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal filed under Section 374(2) of the Criminal Procedure Code, 1973, the appellant takes exception to his conviction in Sessions Case No.27/2000 vide judgment dated 29/10/2005. By said judgment, the appellant has been convicted for the offence punishable under Section 302 of the Indian Penal Code and has been sentenced to suffer imprisonment for life. He has also been directed to pay fine of Rs.500/-.

(2.) It is the case of prosecution that the appellant is a cousin brother of one Samadhan Wankhede and he resides adjacent to his house. There was a history of disputes between the complainant Samadhan and Kundlik on one side and the family of the appellant on the other side. The appellant had earlier broken an earthen pot belonging to the complainant and a report in that regard had been lodged by the complainant. On 10/12/1999 both the parties had gone to Mehkar for attending said proceedings. On 12/12/1999 the complainant was informed by Nanda Jadhav and Vishnu Ambhore that somebody has assaulted his son Kundlik and that he was lying in an injured condition. The complainant along with his wife and brother went to the site and carried Kundlik in a bullock-cart towards the village.

(3.) Shri N. A. Badar, the learned counsel for the appellant submitted that the prosecution had failed to prove its case beyond reasonable doubt.