PRAVIN @ BALYA RAMDASPANT NIKAM Vs. STATE OF MAHARASHTRA, THROUGH P S O , POLICE STATION, BENODA, TQ WARUD, DISTT AMRAVATI

JUDGEMENT

(1.) This appeal takes exception to the Judgment passed in Sessions Trial No.193 of 2015 by the learned Additional Sessions Judge, Amravati, dt.23.8.2017 by which appellant came to be convicted for the offence punishable under Section 302 of the Indian Penal Code and is sentenced to suffer imprisonment for life and to pay a fine of Rs. 1000/; in default of payment of fine to suffer further imprisonment for one month. The appellant is also convicted for the offence punishable under Section 323 of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for one year. Both the sentences are directed to run concurrently.

(2.) Briefly stated, the case of prosecution is as under :

(3.) After completion of sowing operations, at around 4.00 p.m., PW1 Sunil went back to his house and found his father Ramdaspant lying in injured condition in the kitchen room while PW4 Kamlabai Mahadeorao Sable - his aunt standing nearby. He also noted presence of PW2 Rahul Namdeorao Hole and Others as well as appellant at the entrance door. Similarly, one Mahadeo Sable and Dnyaneshwar Patil were also present on the spot. Sunil noticed bleeding injury on the chin of his father and blood oozing out from his left ear. On PW1 Sunil inquiring with the persons who were present at the spot, he was informed that his father and mother were assaulted by the appellant at around 00 p.m. and that his mother has gone to hospital for obtaining medical treatment. On PW1 Sunil asking accused of assault, he confessed of the same and extended threats to the Complainant to do whatever he wants to do saying that he was ready to go behind the bars. Sunil thereafter arranged for an autorickshaw of one Pramod and carried his father to Government Hospital, Warud where he was declared dead on admission.