- (1.) The appellant has preferred this appeal being aggrieved by the judgment and order dated 6/4/2010 passed by the learned Sessions Judge, Bhandara in Sessions Trial No. 57/2008, thereby convicting the appellant for the offence punishable under Section 302 of Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs.500/-, in default to suffer further rigorous imprisonment for 15 days.
(2.) The prosecution case, in brief, is as under : Accused Kisan and deceased Ramratan were residents of village Chandpur. Their houses were situated at the distance of about 200 feet from each other. Prior to occurrence of the incident, there was a Gram Panchayat election. Deceased Ramratan was supporting Munna Raut and Ranjana Raut whereas accused was supporting Jaswant Hinge and Benubai Lanje. During the course of election, quarrel took place between accused and deceased Ramratan. At that time, accused had given a threat to deceased Ramratan.
(3.) On 16/4/2008, at about 10.30 a.m., deceased Ramratan was standing in front of house of Jaswantabai Sahare. At that time, accused came near deceased Ramratan and inflicted injuries by iron chopper on his neck and left shoulder. P.W.3 Kejram intervened and tried to rescue deceased Ramratan. As such, he also sustained an injury. Due to assault, deceased Ramratan fell on the ground. P.W.2 Tarabai informed about the incident to P.W.1 Anjanabai, wife of deceased Ramratan. P.W.1 Anjanabai went to the spot and noticed that her husband was lying on the road. He was taken to the Hospital in a Jeep and in the Hospital, he was declared dead. Thereafter, P.W.1 Anjanabai lodged a report with Police Station, Sihora, on the basis of which Crime No.25/2008 came to be registered for the offence punishable under Section 302 of Indian Penal Code. The accused was immediately arrested.;