C. V. Bhadang, J - (1.) By this appeal, the appellant is challenging the acquittal of the respondent from the offence punishable under Section 302 of IPC.
(2.) Brief facts necessary for the disposal of the appeal may be stated thus:- It is the case of the prosecution that on 19.6.2012 at around 22.30 hours in house no.89 Wadiwada, Kundai, the respondent (accused) assaulted his brother Ratnakar Naik, with fist blows on his face, nose and eyes, as a result of which, Ratnakar died. On the basis of a complaint lodged by Meera Naik, (PW4), widow of the deceased an offence came to be registered with Ponda Police Station. During the course of investigation, the Investigating Officer recorded the statement of the witnesses, the dead body was sent for post mortem examination after drawing an inquest panchanama. The Investigating officer drew, spot panchanama the scene of occurrence and after completion of the investigation a chargesheet came to be filed against the respondent for the offence punishable under Section 302 IPC which was eventually committed to the Court of Sessions.
(3.) The learned Sessions Judge framed charge against the respondent for the offence punishable under Section 302 IPC, to which the respondent pleaded guilty and claimed to be tried. The defence of the respondent is of total denial and false implication.;