DADA SHANKAR PAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Shri Vijay Sharma, learned counsel holding for Shri S. N. Loya, learned Advocate for the appellant and Smt. A. S. Rasal, learned Additional Public Prosecutor, for the State.

(2.) THE appellant is convicted of offence punishable under Section 302, Indian Penal Code, and sentenced to suffer imprisonment for life and to pay fine of Rs. 1000/-, in default of payment of fine, further rigorous imprisonment for six months in Sessions Case No. 265 of 1993 by the Additional Sessions Judge, Ahmednagar. Hence, the appeal against conviction and sentence.

(3.) ON 26-5-1993 Balu, brother of Raosaheb, had gone to Karjat early in the morning. He returned home at about 7. 00 p. m. Then, he learnt that Raosaheb had gone to the field of Dada Pawar, the accused, in the company of Dada Pawar and had not returned back. But Dada Pawar, the accused, had returned back. He also learnt that the quarrel had taken place between the accused and Raosaheb at the house of Madinabai in the afternoon. He first made enquiries in the village but Raosaheb was not traced. Then he went to the field of accused where the farm house of the accused was located. There was nobody around. In the light of torch he peeped through the door and he saw that Raosaheb was lying in the farm house. He was having bleeding injuries on his head. The matter was then informed to the police.