PRAKASH MADHUKAR MADNE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant (for convenience "accused 1") along with one Madhukar Madne (accused 2 - since acquitted) was tried in the court of Additional Sessions Judge, Sangli for offences punishable under Sections 302, 504 read with section 34 of the Indian Penal Code ("I.P.C." for short).

(2.) According to the prosecution 2/3 days prior to the incident which took place on 18/2/02 at 7 a.m., Ravindra Madne, nephew of accused 2 wanted to go to Kavathe Ekand to see fireworks. As there was nobody to keep company to his wife Sindhu during his absence, he requested Shantabai ("the deceased" for convenience) to allow her to spend the night in her house. The deceased permitted Sindhu to spend night at her house. In the morning accused 2 saw Sindhu coming out of the house of the deceased.

(3.) According to the prosecution at that time her daughter PW 4 Kalpana, her brother Anil, his wife Suvarna, her daughter Sharda and her son Siddhu were standing in front of their house. The axe with which the deceased was assaulted got embedded in the injuries sustained by the deceased. The said axe was removed by both the accused. Accused 1 then went inside the house and accused 2 went away on motor-cycle. Thereafter PW 4 Kalpana and her brother went to Sangli Rural Police Station and lodged the F.I.R. which is at Exh.-25. The investigation was set into motion on the basis of the said F.I.R. The accused came to be arrested. After completion of the investigation the accused came to be charged as aforesaid.