GANESH MADHAV RAJPANKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant herein is convicted for the offence punishable under sec. 302 of IPC and sentenced to suffer R.I. for life and to pay fine of Rs.2,000.00 in default, to undergo further R.I. for two months by the Additional Sessions Judge, Latur in Sessions Case No.35 of 2014 vide judgment and order dtd. 17/1/2015. Hence, this appeal.

(2.) Such of the facts necessary for the decision of this appeal are as follows:-

(3.) P.W.2 Narayan Rajpankhe happens to be the brother of Sanjay. He has deposed before the Court that the accused happens to be the son of maternal uncle of his father. That, initially the family of the deceased was residing at Katkarwadi, Taluka Ambejogai. Their grandmother was residing at Raiwadi and therefore, three months prior to the incident, the family came to reside at Raiwadi. That, since four months prior to the incident he was residing in Mumbai. On 11/12/2013, the wife of his maternal uncle namely Radhabai informed him telephonically that Sanjay had met with a homicidal death and that his dead body was lying on the railway flyover at Latur. Accordingly, he reached on 12/12/2013. He saw the injuries on the dead body of his brother. Thereafter, his sister Savita informed him that on 10/12/2013, Ganesh had been to their house and had asked Sanjay to accompany him. Thereafter, their brother Sanjay had not returned home but on 11/12/2013, Ganesh had visited their house inquiring about the whereabouts of Sanjay. He was confronted with by Savita.