DEVIDAS TULSIRAM MANKAR Vs. STATE OF MAHARASHTRA, THROUGH POLICE STATION OFFICER, PAUNI, DISTRICT BHANDARA

JUDGEMENT

(1.) By way of present appeal, the appellant has assailed the judgment of conviction, awarded by Additional Sessions Judge, Bhandara for the offence punishable under Section 302 of the Indian Penal Code, dated 29th September, 2017, by which he is sentenced to suffer imprisonment for life and to pay a fine of Rs.3, 000/, in default, further RI for five months.

(2.) The case of the prosecution against the appellant/accused, in short, is as under :

(3.) On 02.07.2015, at about 05:30 p.m., deceased along with his sister Mangala and his wife returned from weekly market. Deceased parked his twowheeler in the courtyard. Deceased was proceeding from Vitthal Rukhmai temple. Mansaram Borkar and Ishwar Deshmukh were sitting near the temple. At about about 08:00 p.m., complainantwife of deceased standing in her courtyard. That time, her husband was going from water canal road. Mansaram and Ishwar shouted as "fell down, fell down". Complainant rushed to the spot of incident. Her husband was lying in a pool of blood. Accused was standing there having axe in his hand. He was staring towards the complainant. She shouted, people gathered there. Accused ran away from the spot of incident.