BHAGWAN SAKHARAM BHANGARE Vs. THE STATE OF MAHARASHTRA AT THE INSTANCE OF POLICE STATION, HARSUL, TALUKA TRYMBAKESHWAR, DIST. NASHIK
HIGH COURT OF BOMBAY
Bhagwan Sakharam Bhangare
The State Of Maharashtra At The Instance Of Police Station, Harsul, Taluka Trymbakeshwar, Dist. Nashik
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Smt. V.K. Tahilramani, J. -
(1.) This appeal is preferred by the appellant-original accused against the judgment and order dated 27.4.2012 passed by the learned Additional Sessions Judge-5, Nashik in Sessions Case No. 129 of 2011. By the said judgment and order, the learned Session Judge convicted the appellant for the offence punishable under Section 302 of IPC and sentenced him to suffer life imprisonment and fine of Rs. 3000/-, in default R.I. for two months.
(2.) The prosecution case briefly stated, is as under:
(a) Deceased Damu Chaudhari was the nephew of PW 1 Simibai. The appellant was son-in-law of Simibai. There was a dispute between deceased Damu and the appellant in relation to property which was a house. The said house belonged to Damu, however, the appellant was asking Damu to give the appellant the house property.
(b) The incident occurred on 1.2.2011 at about 2.30 p.m. At that time, the appellant inflicted blow with spade on the head of Damu. This incident was witnessed by PW 1 Simibai who rushed to the spot. Meanwhile, Damu fell on the ground due to the injuries. He died on the spot. Thereafter, Simibai went to the Police Station and lodged the FIR Exh. 19. Thereafter, investigation commenced. After completion of investigation, the charge sheet came to be filed.
(3.) Charge came to be framed against the appellant - original accused under Sections 302 and 504 of IPC. The appellant-accused pleaded guilty to the said charge and claimed to be tried. His defence was that of total denial and false implication. After going through the evidence adduced in this case, the learned Sessions Judge convicted and sentenced the appellant as stated in paragraph 1 above, hence, this appeal.;
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