UPKARYA CHARANYA PAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE accused appellant was charged and tried in Sessions Case No.163 of 1994 for offence of murder of his step brother at about 11 p. m. on 3.1. 1994.

(2.) SHORTLY stated the prosecution case is that there were small quarrels between the wife of the accused and the wife of the deceased. On the fateful day when the deceased and his wife Hemamalini were sleeping in the open field, accused went there and struck a blow on the head of the deceased by means of an axe and then he ran away. Hemamalini immediately went to her father in law who is also the father of the accused and informed him that accused Upkarya had dealt with an axe blow on the head of her husband. The father of the accused came there and removed the axe which was struck on the head of the deceased. He also removed the injured first at Palus and then civil hospital at Sangli but the deceased Darasing died while he was under treatment. The statement of father of the accused and Darasing i. e. Charanya was recorded in the early hours on 4.1. 1994 on the basis of which C. R. no. 0 of 1994 came to be registered in the police station. Investigation was carried out. Statement of Hemamalini was also recorded. Accused was absconding therefore when the chargesheet was filed on 16.3.1994 he was shown absconding. Subsequently accused was arrested in the month of August 1994 and he came to be charged and tried in the aforesaid Sessions Case. Prosecution examined Hemamalini wife of the deceased as eye witness, as also Charanya Pawar, father of the deceased. Evidence of doctor who conducted autopsy was adduced.

(3.) BEING aggrieved by the aforesaid judgment of conviction and sentence the accused has preferred this appeal. We have heard Ms. Khot learned advocate for the appellant and Shri Galeria Ld. A. P. P. for the State. With the assistance of the learned counsel for both sides we have gone through the entire oral and documentary evidence on record. We have also perused the judgment under appeal.