GAJU EKNATH PAWAR Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed by the original accused against the judgment and order dated 7.12.2005, passed by learned 2nd Ad-hoc Additional Sessions Judge, Dhule, in Sessions Case No.43/2005, wherein the accused was convicted for the offence punishable under Section 302 of the Indian Penal Code and he was sentenced to suffer life imprisonment and to pay fine of Rs.1000/-. The respondent is State of Maharashtra.

(2.) Facts leading to institution of this appeal are that, accused was prosecuted for the offence punishable under Section 302 of the Indian Penal Code. In brief the prosecution case is that, the accused was cousin nephew of informant Venubai Dhandu Padvi (P.W.2) and they were residents of village Nimgul, Taluka Sindkheda, District Dhule. On 6.4.2005, at about 5.30 p.m., when deceased sat over Varanda of his residential house with his son and cousin namely Rajesing Tukaram Pawar, that time, accused reached on the spot and while abusing the deceased, he pulled the Uparne, which was wrapped in the neck of the deceased. The deceased fell down on the ground and his head struck with the stone lying on that spot, resulting into fracture of the skull and brain injury to the deceased. At the time of this occurrence, Venubai Padvi (P.W.2), who is wife of deceased, was also present on the spot. Immediately, Dr. Virendra Bagal (P.W.5) was called on the spot. On examination, he declared the deceased as dead. Therefore, Police Patil Vijay Salve (P.W.4) was called and on the same day, Venubai (P.W.2) lodged F.I.R. Exh.13 at Police Station, Dondaicha. In the result, offence was registered against the accused under Section 302 of the Indian Penal Code. P.S.I. Vijay Deshmukh (P.W.7) carried out investigation and prepared inquest panchanama (Exh.7) as well as spot panchanama (Exh.8). The dead body of the deceased was referred to Cottage Hospital, Dondaicha. Dr. Sharadsing Pardeshi (P.W.1) performed autopsy examination of that dead body, and by issuing post mortem notes (Exh.11), opined that the cause of death was due to head injury. After completion of investigation, charge sheet was filed against the accused in the Court of Judicial Magistrate, First Class, Dondaicha.

(3.) Offence punishable under Section 302 of the Indian Penal Code being exclusively triable by Court of Sessions, this case was committed to the Sessions Court, Dhule. The then 2nd Ad-hoc Additional Sessions Judge framed charge (Exh.3) against the accused for committing offence punishable under Section 302 of the Indian Penal Code. The accused pleaded not guilty and claimed trial.