MAHADEO NIVRUTTI DHAKNE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being dissatisfied with the judgment and order of conviction under Section 307 of IPC and resultant sentence to suffer R.I. for 5 years and to pay fine of Rs. 1,000/-, in default, simple imprisonment for 10 days passed by the Additional Sessions Judge, Ambejogai in Sessions Case No. 53 of 2015, dated 29.11.2016, the appellant/convict preferred the present appeal under Section 374 of Cr.P.C. to redress his grievances.

(2.) Facts giving rise to the prosecution of appellant/accused in nutshell, is as under :-

(3.) On the following day, i.e. on 15.10.2012, PW-1 Ramhari approached to the police of Kaij police station and filed the FIR. He blamed father Mahadeo for the serious injuries sustained to mother Sangitabai. Pursuant to FIR, the concerned PSO, registered the Crime No. 199 of 2012 under Section 307 of IPC and set the penal law in motion. I.O. visited to the spot of incident and drawn panchanama of scene of occurrence. I.O. recovered the blood stained weapon sickle from the spot. He recorded statement of injured Sangitabai in the hospital. I.O. also recorded the statement of witnesses acquainted with the facts of the case. He procured the sketch map of scene of occurrence from revenue authority. I.O. launched massive search to trace out the whereabouts of appellant Mahadeo, but found unavailing. At last, I.O. preferred the charge-sheet against the appellant/accused by showing him absconding under Section 299 of Cr.P.C. Eventually, police of Kaij police station succeeded to apprehend the appellant/accused on 18.8.2015 in this case. After appearance of the accused/appellant, the learned trial court framed the charges under Section 307 , 504 of IPC against the appellant Mahadeo. He pleaded not guilty and claimed for trial