BAJIRAO @ BABURAO S/O VITHU MARASKOLHE Vs. STATE OF MAHARASHTRA, THROUGH P S O , POLICE STATION, POMBHURNA, TQ AND DISTT CHANDRAPUR

JUDGEMENT

(1.) Appellant has assailed the Judgment of conviction awarded by the Sessions Judge, Chandrapur in Sessions Trial No. 47 of 2009, by which he is convicted for the offence punishable under Section 302 of the Indian Penal Code and sentenced to suffer imprisonment for life and to pay a fine of Rs. 3,000/, in default to undergo rigorous imprisonment for six months. He is also convicted for the offence punishable under Section 450 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for seven years and to pay a fine of Rs. 1,000/, in default to undergo rigorous imprisonment for three months.

(2.) Case of prosecution against the appellant, in short, is as under :

(3.) On the day of incident, appellant inquired from Pattu as to whether he received compensation amount. Pattu told him that he did not receive. Appellant tried to beat him. Thereafter, appellant went to his house. He took axe from his house and entered in the house of Laxmibai and killed her. Complainant Ghansham s/o. Ganpati Maraskolhe (PW1) heard cry of his sister Archana and relative Madhuri that "Buddi meli Buddi meli" ("old lady died"). He came out of his house. He saw the appellant near the gate of fencing of his house carrying axe in his hand. He was hurriedly passing. Thereafter, he went to the house of Laxmibai. Laxmibai was lying dead. She had sustained bleeding injury on her head.