BAPU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appeal is filed against the judgment and order of Sessions Case No.131/2014 which was pending in the Court of learned Additional Sessions Judge, Jalgaon. The trial court has convicted the present appellant of the offence punishable under section 302 of Indian Penal Code. Sentence of imprisonment for life is given. Both the sides are heard.

(2.) In short, the facts leading to the institution of the appeal can be stated as follows:-

(3.) On 12-3-2014 Sopan left home at 10.00 p.m. by saying that he was proceeding to the field to supply fodder to the cattle which were kept in the field. On the night between 12-3-2014 and 13-3-2014 Sopan did not return to home. The informant was sleeping in the workshop and at about 2.00 a.m. Sitaram Talware came there and informed that there was quarrel between Sopan and present appellant Bapu @ Chhotu and during quarrel Chhotu had run after Sopan with iron bar and Sopan had run towards the field. Due to this information and as Sopan had not returned home till 2.00 a.m. of 13-3-2014, the informant started searching for Sopan. He met present appellant and Bharati, a daughter of one lady by name Gumphabai. Chhotu informed that Sopan had taken away Gumphabai and by saying so he started quarreling with the informant. At about 3.30 p.m. when the informant accompanied by Pravin Mali and Dilip Mali were searching for Sopan, near the grocery stall of Gumphabai they heard the call of Gumphabai and she requested them to take her outside as her stall was locked from outside. They removed the lock and she came out. The informant then realised that present appellant, accused had given false information to them.