S.S.SHINDE,J. - (1.) This Appeal is directed against the Judgment and order dated 31st August, 2013, passed by the the Additional Sessions Judge-2, Beed in Sessions Case No. 141 of 2012 thereby convicting accused/Appellant - Dadasaheb Thakaji Maske for the offence punishable under section 302 of the Indian Penal Code (for short "I.P. Code") and sentencing him to suffer rigorous imprisonment for life and to pay fine of Rs.5000/- and in default, to suffer further rigorous imprisonment for six months.
(2.) The prosecution case, in brief, is as under:- A) The informant Babasaheb Shaharam Maske, is the resident of village Sawargaon, Taluka Ashti, District Beed. Deceased Shaharam Maske was his father. Land of accused No.1 Dadasaheb is adjacent to the land of the informant. A criminal Case bearing No.654 of 2011, filed by the informant is pending against the accused. On 22nd June 2012, deceased Shaharam did file N.C. bearing No.177 of 2012 for the offences punishable under sections 323 , 504 , 506 read with 34 of the I.P. Code. B) It is further alleged that, on 25th June 2012, at about 3.30 p.m. the informant and his mother Sakharbai, after fetching the water from the well for the purpose of drinking, were returning to the house. Father of the informant, Shaharam was sitting on a platform constructed of stone, under the Banyan tree in the village. At that time, accused abused father of the informant stating that, why he has lodged First Information Report against them, and then accused started beating deceased by fist and kick blows. Accused No.1 Dadasaheb assaulted the deceased with the help of the wooden log. Due to said assault, the father of the informant sustained bleeding injury on his head. Witnesses Raju Shamrao Maske, Raju Sukhdeo Maske and Mohan Maroti Maske pacified the quarrel. Thereafter accused ran away. The father of the informant i.e. deceased Shaharam became unconscious. The informant and others carried him to the City Care Hospital for treatment. While the treatment was going on, the deceased Shaharam died in the Hospital. On the next day, the dead body was taken to Civil Hospital, Ahmednagar for postmortem examination. Thereafter, informant brought the dead body at village Sawargaon and performed funeral. The informant lodged the First Information Report against the accused, at Ambhora Police Station. C) On the basis of the First Information Report lodged by the informant, offence bearing Crime No.85 of 2012 under Sections 302 , 504 read with 34 of the I.P. Code was registered against the accused at Ambhora Police Station. The Investigating Officer investigated the crime, and submitted the charge sheet in the Court of J.M.F.C., Ashti. The J.M.F.C., Asthi committed the case to the Court of Sessions, Beed, as offence under section 302 of the I.P. Code is exclusively triable by the Court of Sessions. D) The charge under sections 302 , 504 read with 34 of the I.P. Code was framed against the accused. The charge was read over and explained to the accused in vernacular. The accused pleaded not guilty and claimed to be tried. Their defence was of total denial.
(3.) It is pertinent to note that there were in all four accused before the trial court, i.e. accused No.1 - Dadasaheb Thakaji Maske, who is appellant in this appeal, accused No.2 - Kailas Thakaji Maske, accused No.3 - Sujaanbai Thakaji Maske and accused No.4 - Kavita Kailas Maske. After recording the evidence and conducting full fledged trial, the trial Court acquitted original accused Nos. 2, 3 and 4 from all the offences with which they were charged. The trial court convicted accused No.1/appellant Dadasaheb Thakaji Maske for the offence punishable under section 302 of the I.P. Code and sentenced him to suffer rigorous imprisonment for life and to pay a fine as afore- stated. Hence this Appeal by the accused Dadasaheb.;