Arijit Pasayat, J. - (1.) Leave granted.
(2.) Challenge in this appeal is to the judgment of a Division Bench of the Bombay High Court, Nagpur Bench, dismissing the appeal filed before it by the appellant. The appellant was convicted for allegedly having committed an offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the IPC) and was sentenced to imprisonment for life by learned Sessions Judge Akola in Sessions Trial No. 58 of 2001. He was also found guilty of offence punishable under Section 324 IPC. Sentences of imprisonment for life and fine with default stipulation and sentence of 6 months and fine with default stipulation were imposed for the two offences. It was further ordered that if the fine amount is deposited then a sum of Rs.2,000/- was to be paid to the complainant as a compensation in terms of Section 357 of the Code of Criminal Procedure, 1973 (in short the Cr.P.C.).
(3.) Background facts in a nutshell are as follows: Narmadabai (PW2) is the widow of Shamrao Telgote (hereinafter referred to as deceased) who was working in the field of one S. K. Majid, situated near village Gaigaon. Shamrao was living in the field in a hut and the accused was working in the field and living there in a hut. The house of owner of the field S.K. Masjid was also situated in the field and S.K. Majid was residing with his mother Gulabbi in the said house. On 24.12.2000 at about 7.30 p.m. Narmadabai and Gulabbi were sitting in front of the house of Gulabbi in the field. The accused and deceased Shamrao were present there. There were verbal exchanges between the accused and Shamrao. Thereafter accused picked up the axe which was lying there and he assaulted Shamrao with the said axe on the head of Shamrao. When Narmadabai rushed forward to intervene, the accused also gave a blow with the axe on her head. On account of assault, Shambrao died on the spot and his wife sustained bleeding injuries. Thereafter, the accused ran away from the field. Since it was night time and as there was no conveyance for going to the Police Station situated at Ural, Narmadabai did not go to the Police Station. She lodged an oral report on the next day i.e. 25.12.2000 in the morning. On the basis of this report, F.I.R. under Sections 302 and 307 IPC was registered by PSI Madhukar Bhoge (PW 8). The investigation was taken up and the accused was arrested on 01.01.2001. After completing the investigation, charge-sheet was filed against the accused under Sections 302 and 307 IPC. The case was committed to the Court of Session. In the trial, the prosecution examined eight witnesses and also produced several documents to prove its case against the accused. The defence of the accused was one of denial. After appreciating the evidence led by the prosecution, the trial court convicted the accused for the offences under Sections 302 and 324 IPC. The accused was acquitted of the offence under Section 307 IPC. The conviction and sentence as imposed by the trial Court came to be challenged by the appellant before the High Court. Primary stand was that the occurrence took place in course of sudden quarrel and the evidence tendered does not inspire confidence. The stand of the State, on the other hand, was that Narmadabai (PW-1) whose evidence was vital for the prosecution case herself had suffered injuries. The appeal was dismissed.;