- (1.)Heard the learned counsel for the appellant and the learned Additional Public Prosecutor for the respondent State.
(2.)In the present criminal appeal the judgment and order dated 21 st May 2004 passed by the IInd Adhoc Additional Sessions Judge, Nashik, has been impugned whereby the appellant came to be convicted for the offence punishable under Section 302 of the Indian Penal Code and was sentenced to undergo imprisonment for life and was directed to pay fine of Rs.1,000/- in default R.I. for six months.
(3.)The circumstances resultant in prosecution of the appellant for offence of murder are as follows:-
Deceased Bibabai was the wife of the appellant and both of them along with their son P.W. 2 Laxman at the relevant time were residing in a farm house of Ajay at Village Satpur. The appellant and deceased were working as agricultural labour on the field. On 6 th January 2003 P.W. 2 Laxman returned to his house at 6 p.m., requested the appellant (his father) to give him money to see the film. The appellant gave him money. Laxman went to Gauri Video Hall to watch the movie and returned home at about 11.30 p.m. Laxman found his mother Bibabai was lying on the floor. Her body was covered with a cloth. Appellant was present in the house. He was under the influence of liquor. When Laxman tried to wake up his mother Bibabai she did not respond. Laxman noticed that there was an injury on her forehead and blood was oozing from the said injury. Bibabai was not breathing and therefore Laxman thought that appellant Tukaram may have killed his mother. Laxman closed the door of the house from outside and proceeded to the house of his maternal uncle on bicycle. When Laxman was about to leave he noticed that the appellant broke open the window of the house and came out of the house and started running away from the house. Laxman chased him and caught him and taken him to the house of a watchman. Laxman put the appellant inside the house and locked the door from outside and proceeded towards the house of his maternal uncle Ashok at Gangapur. When he met Ashok he informed him about the incident. Ashok and Laxman then proceeded to Village Matori where P.W. 8 Hiraman, the another son of the appellant was residing. Laxman, Ashok and Hiraman proceeded to the house of Hausabai, grand mother of Laxman and Ashok. They informed her about the incident.