KASHIRAM DHAKLYA BHAVAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH this appeal, the appellant challenges the Judgment and order dated 22-2-1995 passed by the IInd Additional Sessions Judge, thane, in Sessions case No. 102 of 1993, convicting and sentencing him in the manner stated hereinafter : (i) Under section 302 IPC to suffer imprisonment for life; and (ii) Under section 506 IPC to suffer R. I. for one year and to pay a fine of rs. 2000/- in default to suffer S. I. for three months. The substantive sentences of the appellant were ordered to run concurrently.

(2.) IN short, the prosecution case runs as under : the informant Bhima Vanga PW 1 at the time of the incident was residing in dhabhadi Patilpada. The deceased Saikibai was his mother and was residing with his brother Jethya in a house situated in the vicinity of his house. The appellant who was residing in Kumbharpada had lost two sons before the incident and it was firmly ingrained in his mind that they had died on account of black magic practised by Saikibai. Due to the said reason, on 30-11-1992, at about 5. 30 p. m. , the appellant came to the house of the deceased and assaulted her with the handle of an axe and hurled stones on her. The assault on the deceased was witnessed by the informant Bhima vanga PW 1 and Ziprya Pilane PW 5 who also resided in the vicinity of the deceased. It is alleged that the appellant also tried to assault them when they tried to intervene. Thereafter, the appellant ran away. It is alleged that immediately after the incident, Saikibai succumbed to her injuries.

(3.) THE F. I. R. of the incident was lodged by Bhima Vanga PW 1 next day (1-12-1992)at 9. 45 a. m. at police station Kasa and in it, broad features of the prosecution case have been mentioned and the appellant nominated.