- (1.)THROUGH this appeal, the appellant challenges the Judgment and Order dated 12-5-1995 passed by the Additional Sessions Judge, Sangli in Sessions Case No. 217 of 1994 convicting and sentencing him to undergo life imprisonment and to pay a fine of Rs. 5000/- in default to undergo R. I. for one year for the offence under section 302 I. P. C.
(2.)IN short, the prosecution case runs as under:-The appellant was the son of Ambubai the real sister of the deceased Sampat. The informant Nanda P. W. 4 and Dhondiram P. W 5 are the wife and real brother respectively of the deceased. The deceased and Dhondiram lived in separate portions of the same building. It is alleged that the appellant used to live in the court-yard of a school situated near the house of the deceased and was a person of a lazy disposition. When the deceased used to ask him to work, he used to feel annoyed. On 21-10-1994, the deceased asked the appellant to collect dried plants of cotton but, he refused and on that the deceased abused him. Thereafter, the deceased collected dried plants and returned home. The same night at about 10. 15 p. m. after having their dinner, the deceased and Nanda were lying in their house within the limits of village Tadvale. At that time, Nanda heard the sound of feet and running away of a man from outside the door frame. She came out and noticed the appellant running away from the spot. She raised cries on which the appellant turned his face towards her enabling her to identify him in street light. In the meantime, Dhondiram P. W. 5, Dattatraya Gidde P. W. 2 and others rushed to the spot. Dhondiram also saw the appellant running away. Both Nanda and Dhondiram found a bleeding injury on the neck of Sampat.
(3.)NARAYAN Jagdale brought a jeep and in the same, Sampat was taken to Atpadi Hospital where the doctor pronounced him dead. Thereafter, Nanda proceeded to Police Station Atpadi, where she lodged her F. I. R the same night at 10. 45 p. m. which was recorded by P. S. O Chandrakant Mane P. W 8 who registered a case under section 302 I. P. C. on its basis.