AVINASH @ PINYA ASHOK JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Criminal Appeal is preferred against the judgment and order dated 27th April 2010 passed by the 4th Ad-hoc Additional Sessions Judge, City Sessions Court, Sewree, Mumbai, in Sessions Case No.626 of 2009, thereby convicting the Appellant for the offence punishable under Section 302 of Indian Penal Code (I.P.C.) and sentencing him to undergo "Life Imprisonment" and to pay fine of Rs.1000/- (Rs.One thousand only) and in default to undergo R.I. for "six months".

(2.) Brief facts of the prosecution case can be stated as follows:- PW-1 Sitaram Bhimaji Sakhare is the complainant in the case. The incident giving rise to the prosecution case took place on 8th August 2009. On that day his son Dhanraj left the house at about 8.30 p.m., after dinner, in order to take a walk. Dhanraj's nephew, Nilesh aged about 15 to 16 years, followed him. After some time, Pravin, a boy residing nearby came to the house of PW-1 Sitaram and informed him that Dhanraj had been stabbed and was lying on road injured in a pool of blood. PW-1 Sitaram rushed to the spot where Dhanraj was lying. He placed Dhanraj in a rickshaw and along with PW-2 Nilesh rushed to Inlacs Hospital. There, Dhanraj was declared to be dead on admission. Police were informed.

(3.) Pw-6, P.S.I. Anant Vishram Pawar of R.C.F. Police Station, came to the hospital. There he recorded the complaint of PW-1 Sitaram vide Exhibit-13. On this complaint C.R. No.107 of 2009 was registered against the Appellant for the offence punishable under Section 302 of I.P.C. and Section 37(1)(a) read with 135 of Bombay Police Act.