SADASHIV TUKARAM DIPAKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal by the original accused is directed against the order dt. 15th of April, 1994, passed by the Additional Sessions Judge, Hingoli, in Sessions Case No. 3/1994. Learned Judge convicted the accused of the offences punishable under Sections 302 and 201 of I. P. Code but sentenced him only on the first count to suffer imprisonment for life and to pay a fine of Rs. 1,000/- in default, to suffer further rigorous imprisonment for one year. No separate sentence was passed on the second count of the charge. Feeling aggrieved by the order of conviction and sentence passed against him, the accused has preferred this appeal.

(2.) THE prosecution case, in brief, is that PW No. 6 Laxman is a resident of village Santuk-pimpari, taluka Hingoli, dist. Parbhani. PW No. 10 Yamunabai is his wife and PW No. 1 Munja, who is the complainant, is his son. Laxman had two daughters, namely, Padmabai and Shobha, Padmabai is already married while marriage of Shobha was settled and it was scheduled to take place in a month or two after the incident. Shobha is the deceased in this case and at the time of her death she was around 13 years of age, she was studying in VIIth Standard.

(3.) ON seeing this, Munja got scared and he ran towards the village. He disclosed the incident to the persons in the village. It appears that time his father Laxman was not present in the village Therefore, Munja was taken to the local Police Patil Datta Dipake, PW No. 9, to whom also he narrated the incident. The Police Patil, along with other villagers, came on the spot but did not find the accused. It was, however, noticed that the heap of sticks of cotton plants was on fire. It was also found that blood was lying under the Babool tree, near the cattle-shed. It appears that there was no water to put out the fire and the flames had leapt high.