POPAT BAPU MANDALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant accused has challenged judgment and order dated 30/4/2012 delivered by Additional Sessions Judge, Pandharpur in Sessions Case No.20/2010 holding him guilty under section 302 of IPC and sentencing him to suffer life imprisonment as also to pay fine of Rs.5,000/- and in default thereof to suffer RI for 3 months.

(2.) The incident of crime has taken place on 25/10/2009 at village Alegaon at about 7.00 p.m. Deceased Ashok was then talking with some one on mobile in the lane infront of house of PW-5-Sanjay Koli. Informant Bandu Jadhav, the elder brother of Ashok and his mother were talking infront of their house. Informant heard shout of Ashok as "Aai ga". Hence he went there running and saw appellant accused delivering blows of axe on Ashok shouting why Ashok was visiting house of Poonam. Poonam happens to be married sister of accused residing at Pune and it is case of prosecution that deceased Ashok also serving at Pune used to visit her house. Uttering these words accused was giving blows and informant saw blow being given on head, on right shoulder, right face. Seeing informant accused ran away. Within short period Priyanka, the wife of informant (PW-4); Bandu Jadhav (PW-3), PW-5 and other persons also reached there. Injured Ashok was taken to hospital of Dr. Gawade at Sangola in an auto (tumtum) owned by Shri Babar. Ashok became unconscious. On medical advise, Ashok was shifted to Medicare ICU Hospital at Pandharpur in ambulance. Ashok expired at about 10.00 p.m. in that hospital. Informant Bandu (PW-3) then lodged report at 11.50 p.m. at Pandharpur Police Station.

(3.) Pandharpur police registered crime with 0 number, reached hospital, conducted inquest panchanama, seized clothes of deceased and referred body for post mortem.