HIVRAJ S/O. KEWATRAM UIKEY Vs. STATE OF MAHARASHTRA
LAWS(BOM)-2020-8-13
HIGH COURT OF BOMBAY (AT: NAGPUR)
Decided on August 14,2020

Hivraj S/O. Kewatram Uikey Appellant
VERSUS
STATE OF MAHARASHTRA Respondents

JUDGEMENT

AMIT B.BORKAR, J. - (1.) Hearing was conducted through video conferencing and the learned counsel agreed that the audio and video quality was proper.
(2.) Through this appeal the appellant challenges the judgment and order dated 23.04.2018, passed by Additional Sessions Judge, Gadchiroli in Sessions Case No. 79 of 2015 convicting and sentencing him to undergo imprisonment for life and to pay a fine of Rs.1000/- in default to pay the fine to suffer R.I. for six months for offence under Section 302 of Indian Penal Code.
(3.) In short, the prosecution case runs as under : The incident happened on 07.04.2015 in the barren field near the field of accused. On the day of incident Punnibai-(PW-2) along with her sister-in-law Vanita-(PW-3) were in the field at about 7 A.M. At that time the accused approached them and asked as to who has stolen wood from his field. When PW-2 and PW-3 denied it, the accused abused them by saying that they were daughters of landlord and collector. While the accused was abusing PW-2, PW-3, deceased came on spot and made enquiry with Punnibai and Vanita, PW-2 and PW-3 told deceased about the incident. Then the deceased asked the accused as to why accused abused PW-2 and PW-3. At that time accused asked deceased to come near him so that the accused would disclose the reason to the deceased. When the deceased went near the accused, the accused assaulted the deceased with axe on his head. The deceased fell on the ground and was declared dead on arrival in hospital. The accused thereafter himself went to police station along with axe and confessed crime by lodging the report. The police station Jaravandi registered a crime bearing No.03/2015 against the Accused.;


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