VASANT SAHADU BHALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant aggrieved by the judgment and order dated 3-6-1995 passed by the Additional Sessions Judge, Pune in Sessions Case No. 473/94 convicting and sentencing him to undergo imprisonment for life and to pay a fine rs. 500/-, in default to undergo rigorous imprisonment for one year, for the offence under section 302 IPC has come up in appeal before us.

(2.) IN short the prosecution case runs as under : the informant Kanifnath Tukaram Rakhpasare P. W. 1 alongwith his sister Asha (the deceased), his parents, brothers and other family members at the time of the incident used to reside in Lonikalbhor, Taluka Haveli, Dist. Pune. On 15. 3. 1994 at about 8. 30 p. m. the appellant, his wife and cousin brother came in the court yard of the informant's house and asked him as to why his sister Asha had stolen Rs. 80/-On that the mother of the informant gave Rs. 80/- to the appellant. After taking the money the appellant and others went away. Thereafter the informant, his sister asha and mother came in the court yard and the informant asked his mother as to why she had given the money because Asha had not stolen the money. On hearing this appellant armed with a stone came there and hurdled it once on the head of asha and ran away. Apart from the informant this incident was seen by Shashikala Tukaram ramkhpasare, (the mother of the informant P. W. 4 and Ranjana Dada Kale P. W. 5 immediately thereafter the informant, his mother and Asha went to Police station loni Kalbhor. From the said police station Asha was sent to sassoon Hospital,pune.

(3.) THE evidence of Dr. Kedar Vijay Chirputkar PW6 shows that on 15th March 1994 he was attached to Sassoon Hospital in Ward No. 18. Asha was admitted in the said hospital. She was attended by Dr. Kaul and was found to have suffered two injuries viz. a wound of 2 x 1/2 cms. on the vertex and another wound of 1/2 x 1 cms. on the left parietal region. She was transferred to Neuro surgery unit and died on 23rd March 1994.