NARAYAN DADA BOKHARE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Criminal Appeal is filed by the Appellant-accused, challenging the judgment and Order passed by the Additional Sessions Judge 4, Ahmednagar on 29th Nov., 2012, in Sessions Case No.192/2012, thereby convicting the appellant for the offence punishable under Sec. 302 and 506 of the Indian Penal Code. For the offence punishable under Sections 302 of the Indian Penal Code, the appellant is sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs.5,000.00 [Rs. Five Thousand], in default of payment of fine he shall suffer R.I. for three months.

(2.) The prosecution case in a nutshell is as under:

(3.) On 14.11.2011, in the morning at about 6.00 a.m. all the family members in informant's house woke up including both the servants. The accused Narayan and another servant Sidharth (deceased) did work of cleaning cattle shed, and offered fodder to cattle. At about 10.00 a.m. the informant himself, his father Arun Pawar and the accused servant Narayan went to their sugarcane land for weeding grass. The work in the land was over at about 6.00 p.m. At about 8.00 p.m. at night, all the family members and servant took their meal. At about 9.00 p.m. on said night, all of them went to bed. One of the servant Siddharth had been asleep on front side of an open varanda of the house. His parents Arun and Sangita had been asleep in backside yard, which is near to cattle shed. Accused Narayan had been asleep nearby the parents in cattle shed. The informant, grandmother Aminabai, sister Manisha and brother Santosh had been asleep inside of the house having grill door of iron bars. At about 1215 a.m. i.e. after midnight, while asleep Ganesh, an informant, heard some sound and woke up. He took the view through the grill door. He saw the accused Narayan was giving blow of wooden log on the head of Siddharth. Head of Siddharth had broken in the impact of bang by the wooden log. He shouted, hence grandmother Aminabai, sister Manisha and brother Santosh woke up. The accused Narayan noticed that the informant, his grand mother, sister and brother are awaken. The accused Narayan gave threat to the informant Ganesh Pawar to come out, and then he will finish him. An accused pushed the grill door with an intent to open the same. The informant, his grand mother, sister and brother Santosh resisted attempt of the Narayan to open the grill door, and prevented him from opening it. The grand mother asked the informant to awake his parents. The informant through rear door entered in the back yard to awake his parents. To his surprise he saw bleeding from the head of his father and mother. The brain particle came out of their head. The informant shouted and came on front side of the house. The accused Narayan ran away. The informant immediately made phone call to his uncle Dnyandeo Pawar. Thereafter, he went to the Kotwali Police Station, with his uncle and lodged the FIR. The Police Station Officer registered a Crime No. I-382/2011, for the offences punishable under Sec. 302 and 506 of the Indian Penal Code against the accused on 15.11.2011 at about 2.00 a.m.