RAMESH NANA GHORPADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) VIDE the judgment and order dated 21st July, 1992, passed in Sessions Case No. 318 of 1991, the VIII Additional Sessions Judge, Thane, convicted and sentenced the appellant in the manner stated hereinafter:-

(2.) THE prosecution case in brief, as emerging from the recitals contained in the testimony of the informant and three other eye witnesses of the incident, runs as follows:---The deceased Vithu was the maternal uncle of the informant Keshav Kanha Kadam, P. W. 6. On 30th December, 1990, at about 4. 00 p. m. while the deceased was busy preparing baskets from bamboo sticks, the appellant Ramesh Nana Ghorpade, came and told him to send his daughter to him for one night. Understandingly, the deceased could not bear this and told the appellant whether his daughter had no parents. At that, the appellant is said to have got enraged and picked up a stick which was lying there and started assaulting the deceased with it. The appellant is alleged to have inflicted a large number of stick blows on the feet. face, chest and head of the deceased. As a result of the assault, the deceased is said to have succumbed to his injuries. Thereafter, appellant set fire to the house of deceased. Apart from the informant, this incident is alleged to have been seen by Rakhmabai Bagale P. W. 1, Sahikabai Kadam P. W. 4 and Gulab Kadam P. W. 5.

(3.) THE F. I. R. of the incident was lodged the same day i. e. on 30th December, 1990 at 5. 30 p. m. by P. W. 7 Keshav Kadam at Police Station Shahapur. On the basis of the F. I. R. , Ex. 11, a case under sections 302/436/323/504 I. P. C. was registered against the appellant.