TUKARAM NIVRUTTI DHOLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellants along with the mother of Appellant Nos.1 and 2 Sarubai were tried for offences under Sections 447 and 302/34 of IPC by the learned 4th Additional Sessions Judge, Satara in Sessions Case No.43 of 1993. While Sarubai, the mother of appellant Nos.1 and 2 was acquitted, the appellants were convicted for the offence under Section 302 of IPC and sentenced to imprisonment for life and to pay a fine of Rs.1,000/- and in default to suffer RI for three months. The appellants were also convicted under Section 447 and sentenced to suffer RI for one month. Through this appeal they have questioned their conviction and sentence.

(2.) THE prosecution case in brief runs as follows :

(3.) SURYAJI died on 3rd November 1992, PSI Kanse made that inquest panchanama of the dead body of Suryaji and the body was sent of postmortem. The post mortem was carried by Dr.Manorama Patnaik (PW 7) attached to Cottage Hospital, Karad. She found on the dead body two suterred wounds on right parietal region and on middle of scalp. On internal examination she found extensive hameatoma under frontal occipital and both parietal region of scalp and fracture of occipital bone. She also noticed extensive haematoma on frontal both parietal and on occipital lobe of brain. According to Dr. Patnaik the cause of death of Suryaji was coma due to fracture of skull bones, sub-dural and intra cerebral haematoma and laceration of brain substance. After completing the investigation the charge-sheet came to be filed by the police.