PRABHAKAR AMBAJI BHAGWAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The learned 6th Additional Sessions Judge, Pune, by judgment and order dated 28.5.2008 in Sessions Case No.259 of 2006 has convicted the appellant for the offence of murder punishable u/s 302 of the Indian Penal Code and thereby sentenced him to suffer R.I. for life and payment of fine.

(2.) It is the case of the prosecution that one Lawrence Christi, the deceased, was residing in Lashkar Camp, Pune alongwith his family members including son Leonard (PW1) and daughter Miranda (PW2) in the year 2006. The accused was his neighbour. The accused was initially running the business of gambling and also selling illicit liquor. On the night of 13th and 14th January, 2006, at around 11.30 pm to 12 am, the accused entered the house of the deceased and started abusing and throwing articles in the house here and there. At that time, the deceased Lawrence, his daughter Miranda and his grand daughter were present. His son Leonard (PW1), came at around 12.30 am and Miranda (PW2) informed him about the incident. So, Miranda (PW2), Leonard (PW1) and the daughter of Leonard went to Charbavdi police station to lodge a complaint.

(3.) The police recorded statements of the witnesses and filed chargesheet in the Court of Judicial Magistrate, Pune Cantonment and the learned Magistrate committed the case to the Court of Sessions. After framing charge against the accused, the accused was tried by the learned Additional Sessions Judge, Pune and the trial was concluded in conviction of the appellant and hence, this Appeal.