VIKAS PRABHAKAR PAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE present appeal arises from the judgment and order dated 28-2-1994 passed by the Addl. Sessions Judge, Solapur in Sessions Case No.187/93, whereby the Appellant has been convicted for the offence punishable under Section 302 of IPC and is ordered to undergo imprisonment for life.

(2.) THE case of the prosecution is that the deceased Shantaram Krishnath Gaikwad, his wife Shama P. W. and their children were residing in Plot No.56, Old Kumbhari Naka, Solapur. One Muktabai the cousin of Shama P. W. 1 was residing in the village of Malinagar alongwith her family. One Bapu son of Muktabai was running a bakery at Vyankateshnagar, Solapur. THE said bakery was being run in loss. THE appellant herein is the brother of the husband of one Sunita. THE deceased Shantaram was told by Bapu, a year prior to the incident, that his bakery was running in loss. THE accused was brought by Bapu i. e. son of Muktabai at Solapur for higher education. Bapu had allowed the accused to stay in the room where the bakery was being run. Bapu had told Shama P. W. 1 and her deceased husband to look after Vikas and take care of him. THE accused started residing in a room in the front portion of the house of the deceased and Shama P. W. 1 THE room was owned by the said Muktabai. THE accused used to visit house of Shama P. W. 1 and her deceased husband for watching T. V. alongwith some other children. THE accused used to tell Shama P. W. 1 that her house had become a "dharma Shala" and her children are not being properly guided and that they are not taken care of and they did not behave properly. THE same was narrated by Shama P. W. 1 to her husband, the deceased Shantaram.

(3.) THE trial Court after recording the evidence and on the basis of material placed before it and considering the plea of self defence raised by the accused arrived at the finding that the circumstances brought on record do not indicate that the self-defence taken by the accused is probable and on the contrary the prosecution has sufficiently established beyond doubt that the deceased Shantaram died a homicidal death and that the accused committed his murder by intentionally and knowingly causing the death of deceased Shantaram Gaikwad by means of a knife and consequently committed an offence punishable under Section 302 of IPC and sentenced him to undergo imprisonment for life.