(1.) Challenge in this appeal is to the Judgment passed by learned Extra Joint Adhoc Additional Sessions Judge, Wardha in Sessions Trial No.147 of 2009 delivered on 29.1.2011 by which accused came to be convicted for the offence punishable under Section 302 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs. 1000/-, in default to suffer rigorous imprisonment for three months. Accused is acquitted of the offence punishable under Section 201 of the Indian Penal Code.
(2.) The case of prosecution can be briefly stated as follows : PW6 Pankaj Deotare, the Complainant lodged report to the effect that, on 1.8.2009, at around 9.00 p.m., when he went out for visiting to pan shop of one Sanjiv Chaudhari, deceased Khushal Patil met him on the way, who asked Complainant to accompany him to the house of one Ashik Sweeper saying that Ashik had called him for settlement of case pending between them and for that reason, Complainant accompanied deceased and both of them proceeded to house of Ashik on a two wheeler. Deceased was travelling as a pillion rider. On reaching to the house of Ashik, father of Ashik informed that he was not present in the house and therefore, both of them were returning back when they found accused present near the house wearing towel only and on intercepting his motor cycle, started abusing saying as to why they were roaming around his house and on saying so, pulled deceased from the motor cycle. Upon Complainant Pankaj requesting accused to not to assault deceased, he was directed to not to intervene. Even mother of Complainant asked accused to leave the deceased. However, without listening to any one, accused lifted one big stone which was lying on the spot and dropped it on the head of Khushal, due to which he sustained bleeding injury on his head and succumbed to same on the spot.
(3.) It is further case of prosecution that Pankaj, the Complainant thereafter left from the spot and visited to pan stall of Sanjiv Chaudhari where he met PW10 Kiran Tandulkar and narrated incident to him and thereafter, both of them attended Police Station and lodged report (Exh.37).