NAGESH PRABHAKAR AHIRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present appeal is directed against the judgment and order dtd. 17/3/2021 passed by the learned Additional Sessions Judge, Chandrapur in Sessions Case No.16/2018, whereby the appellant has been convicted for the offence punishable under Sec. 302 of the Indian Penal Code (for short "IPC") and sentenced to suffer imprisonment for life and to pay a fine of ?5,000/-, in default to suffer simple imprisonment for one year. The appellant has, however, been acquitted of the offences punishable under Ss. 504 and 509 of the IPC.

(2.) In nutshell the case of the prosecution is as follows:

(3.) During investigation, the Investigating Officer visited the spot, prepared necessary panchnamas, seized incriminating articles and recorded statements of witnesses. Incriminating articles were referred to the Regional Forensic Science Laboratory, Nagpur for obtaining C.A. Reports. The medical papers and post-mortem report were also collected. Upon completion of investigation, charge-sheet came to be filed before the jurisdictional Magistrate, who committed the case to the Court of Sessions, where Charge came to be framed against the appellant for the offences punishable under Ss. 302, 504 and 509 of the IPC. The appellant pleaded not guilty and claimed to be tried. In order to bring home the guilt of the appellant, the prosecution examined in all eleven witnesses. The statement of the appellant under Sec. 313 of the Code of Criminal Procedure was recorded, wherein he denied the incriminating circumstances and set up a defence that, in the course of a scuffle, the knife came into his hand and the injuries might have been caused in that process. It is pertinent to note that counter case arose out of the same incident wherein wife of the appellant lodged the report alleging assault by the deceased and his son leading to registration of separate crime, which was registered vide C.R. No. 1473/2017 under Sec. 326 of IPC. Both the matters were tried as cross cases.