BHAGWAT S/O. NARAYAN MUNDHE Vs. THE STATE OF MAHARASHTRA
HIGH COURT OF BOMBAY (AT: AURANGABAD)
BHAGWAT S/O. NARAYAN MUNDHE
THE STATE OF MAHARASHTRA
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(1.) The appeal is filed against judgment and order of Sessions Case No. 29/1999 which was pending before the learned Additional Sessions Judge, Ambejogai, District Beed. The Trial Court has convicted the appellant for offence punishable under section 302 of Indian Penal Code (hereinafter referred to as ' IPC ' for short) and he is sentenced to suffer imprisonment for life. Fine amount of Rs.1,000/- is also imposed on him. Both the sides are heard.
(2.) The facts leading to the institution of the appeal can be stated as follows :- Deceased Kiran was the wife of Balaji Munde. Balaji is real brother of first informant Mahadev. They are residents of Dadahari Vadgaon, Tahsil Parli. Age of Mahadev was around 22 years at the relevant time. The incident took place on 5.1.1999. Balaji was in service and for service, he was out of station. The father of first informant namely Sopan was out of station as he had gone to Parbhani to see relatives. On that day, the first informant Mahadev had gone to field with his bullocks.
(3.) At about 12.00 noon the deceased came to the field with lunch box for first informant. After noticing the deceased, Mahadev went towards hut to have lunch. He noticed that the lunch box was kept in the hut, but deceased was not present in the vicinity. He gave calls to deceased, but there was no response and so, he started searching for deceased. He went towards the lands of village Loni and when he was proceeding towards canal which divides Loni Shivar and Dadahari Vadgaon Shivar, the accused emerged from Tur crop situated beyond the canal. After seeing the first informant, the accused became frightened and he started running away. The first informant gave call to the accused, but he did not give response. The first informant then crossed the canal and he went towards the field where there was standing crop of Tur. There he noticed that Kiran was lying and on her face, there was big stone. He noticed that she was dead. He returned to the village and informed the incident to his father and uncle. Father had returned to the village in the meantime. They went to police station and Mahadev gave report. The crime at C.R. No. 7/1999 came to registered in Parli Rural Police Station for the offences punishable under section 302 , 404 of IPC at about 16.15 hours. In the report, Mahadev informed that accused had taken away gold ornament like Mangalsutra, ear rings and Nathani (ring, ornament of nose) of deceased.;
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