BALAJI KISHAN NAGARWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The challenge in this appeal is to the judgment and order dated 03rd October, 2013 passed by the learned Additional Sessions Judge, Udgir in Sessions Case being No. 43 of 2012. By the impugned judgment and order, the appellant herein has been convicted for the offence of murder, punishable under Section 302 of the Indian Penal Code and sentenced to undergo life imprisonment and to pay fine of Rs.500/-. In default of payment of fine, the appellant has been directed to undergo rigorous imprisonment for one month.

(2.) The facts, in brief, are as follows:

(3.) It so happened that on 06th June, 2012, the deceased was moving through Koli lane, at village Chera to sell Pepsi. The appellant asked the deceased to give Pepsi for free. The deceased refused. The appellant, thereupon picked up a quarrel with the deceased. He picked up a stone and literally lynched the deceased therewith. A few villagers witnessed the incident. None of them could however intervene since the appellant gave them threats. Someone informed the brother of the appellant. He came and took away the appellant home. The villagers admitted the deceased to Primary Health Center, at Jalkot. The deceased breathed his last there. Dnyaneshwar (uncle of the deceased) lodged F.I.R. (Exh.29), at Jalkot Police Station. Crime, vide C.R. No. 55 of 2012 came to be registered for the offence punishable under Section 302 of the Indian Penal Code. Baburao Panpatte (P.W.9) Police Inspector attached to Police Station Jalkot was entrusted with the investigation of the crime. He prepared the inquest panchanama (Exh.19). He seized blood stained stone from the place of incident (Exh.21). Inquest was conducted. Mortal remains were subjected to postmortem examination. The appellant was arrested. Clothes on the person of the deceased and the appellant as well were taken charge of under two different panchanamas. Seized articles were sent to the Regional Forensic Laboratory, at Aurangabad for analysis and report thereof. On completion of investigation, the appellant was proceeded against by filing the charge-sheet before the Judicial Magistrate First Class, Udgir. The learned Judicial Magistrate First Class, Udgir committed the case to the Court of Session, Udgir for trial in accordance with law.