ANANTA MAHADEO MOTGHARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant Ananta Mahadeo Motghare was tried for the offence punishable under Section 302 of the Indian Penal Code for committing murder of Nanaji Raghoji Dhok. The learned trial Court convicted the appellant for the said offence and sentenced him to suffer imprisonment for life and to pay a fine of Rs.3,000/, in default to suffer rigorous imprisonment for three months. Being aggrieved by the Judgment of conviction in Sessions Trial No.26 of 2014, dt.20.11.2015 by the Additional Sessions Judge, Chandrapur, the appellant has filed the present appeal.

(2.) The case of prosecution, in nutshell, is as under : Deceased Nanaji Dhok was residing in Indira Nagar, Triveni Chowk, Chandapur. He had two daughters and two sons. All they were married and residing separately with their families. Appellant was foster soninlaw of the deceased. Appellant and deceased were doing business of selling vegetables. Appellant used to give money to deceased. Some of the money was outstanding against deceased.

(3.) In the night of incident i.e. on 23.11.2013, complainant Sadanand Nagpure/neighbour was sleeping in his house in the night of 24.11.2013. At about 1.00 a.m., he woke up for urinal. He heard sound from the house of Nanaji Dhok as "Mangala Vachav, Mangala Vachav" ("Mangala save, Mangala save"). Therefore, he woke up his wife Mangala. They went in front of house of Nanaji Dhok. But, they did not dare to enter in the house of Nanaji. Therefore, he woke up Raju Indurwar, Suresh Chamate, Raju Lengure, Ankush Saosagade and Vijay Baddalwar by giving a call. All they went near the front door of house of deceased. He gave a call to deceased to open the door. At that time, they heard sound of beating. Thereafter, voice of Nanaji was closed.