GANESH GIRISH PADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal, the appellant (hereinafter referred to as 'the accused') takes exception to the Judgment and order dated 31st December, 2002 passed by the First Ad hoc Additional Sessions Judge, Gadchiroli in Sessions Trial No. 88/2001 convicting the accused for the offence punishable under Section 302 of the Indian Penal Code and sentencing him to undergo life imprisonment and to pay a fine of Rs. 1000/- and in default to suffer rigorous imprisonment for three months.

(2.) In nutshell, the prosecution case is as under: The accused and deceased Gautam Bhagat were residing at Japtalai. P.W. 1 Bhumikabai is the mother-in-law of deceased Gautam. The deceased had married Lopamudra the daughter of Bhumikabai. However, there was divorce between Lopamudra and deceased. After divorce Lopamudra got married to one Vilas Khobragade. Lopamudra had two sons and a daughter from the wed- lock with Gautam.

(3.) Deceased Gautam along with the children used to come often to the house of Bhumikabai. About 5 days prior to the incident which occurred on 19.8.2001 at about 5.00 p.m. in the house of Bhumikabai, the accused came and demanded his bicycle from the deceased on account of which there was a quarrel between the accused and the deceased. When they picked up quarrel Bhumikabai convinced them not to quarrel. Thereafter, both of them had meals. Thereafter, the accused went outside for a while and the deceased slept on the floor in the room in which there was previously a kirana shop which was being run by him while staying at the house of Bhumikabai. The accused came back from outside, picked up the spade which was kept in the corner of the room and gave a blow on the head of deceased. P.W.4 Swapnil and P.W. 5 Reshma who were playing nearby came to the spot and shouted. Thereafter, they went inside the kitchen and informed their grand mother Bhumikabai that the accused was beating their father whereupon she came and saw that the accused was beating deceased Gautam. She brought a glass of water for deceased and asked the accused why he beat deceased. The accused raised the same spade at her and threw the spade in the court yard and thereafter went away. Bhumikabai went to the Police Patil who also came to the spot and saw the dead body. Thereafter report was lodged in the Police Station on the next day since it was raining heavily and the buses were not available. The Investigating Officer after carrying out the investigation filed a charge sheet against the accused for the offence punishable under Section 302 of the Indian Penal Code in the Court of Chief Judicial Magistrate, Gadchiroli. The case was committed to the Court of Sessions. The defence of the accused is of total denial and false implication. During the trial, the prosecution examined 10 witnesses and produced several documents.