BHAGIRATH BHAURAO KANADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant aggrieved by the Judgment and order dated 15-9-1982, passed by the Additional Sessions Judge, Nasik, in Sessions Case No. 91 of 1982, convicting and sentencing him to undergo imprisonment for life under section 302 I. P. C. has come up in appeal before us. Along with the appellant, his brother Waman Kanade was also prosecuted and tried but, he has been acquitted vide the impugned judgment.

(2.) THE prosecution case in brief runs as under :-

(3.) AT about 2. 15 a. m. on 6-6-1982, Kazi- Zahiruddin who was also residing in the field known as Kazimala, informed the Nasik Taluka police station that Govinda Kanade was lying in a burnt condition in the said field. The said information was given by Kazi- Zahiruddin to PHC Vishnu Kadam. PHC Vishnu Kadam instructed police constable Deokar to inform P. S. I. Consequently, on receiving information, PSI Murlidhar Nimade went to Kazimala. He found that a person was lying there. He could not talk. He put the said person in a van and took him to Civil Hospital, at Nasik.