- (1.) Leave granted.
(2.) Challenge in this appeal is to the judgment of a Division Bench of the Bombay High Court, Nagpur Bench upholding the conviction of the appellant for offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the 'IPC') and sentence of imprisonment for life and fine of Rs.1,000/- with default stipulation.
(3.) Background facts in a nutshell are as follows: On 13th March, 2000 Bhagwan Bahadure came to Bhendala and stayed with Kachrabai (hereinafter referred to as the 'deceased'), who was residing with her mother Tuljabai (PW-7). In the morning, of the day of incident, the appellant started quarrelling with the deceased on a flimsy ground. The appellant asked her to accompany him to his house. It is alleged that the appellant, who had a stick in his hand, assaulted the deceased by means of the stick. The deceased fell down on the ground. The appellant gave a blow with the stick on her head, whereby deceased suffered serious injuries and became unconscious. The appellant thereafter threw the stick and ran away towards bus stand. Sidharth (PW 1) witnessed the incident. He went to the roadside for bringing a jeep to carry his mother to the hospital at Pauni. The Medical Officer gave first-aid to the victim as the injuries were severe and she was unconscious. The Medical Officer advised the family members to take her to the Govt. Medical College, Nagpur. In the meanwhile, PW 1 lodged a report in the police station against the appellant. Police registered a crime. Deceased succumbed to the injuries on way to the hospital at Nagpur.;