BABA BAPURAO MUNGALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By the present appeal, the appellant is questioning the legality and correctness of the Judgment and Order of conviction dated 19th December, 2011, passed by learned Additional Sessions Judge, Wardha, in Sessions Case No. 30 of 2011, by which the appellant is convicted of offence punishable under Section 304 Part II, Indian Penal Code, and was directed to suffer Rigorous Imprisonment for seven years and to pay a fine of Rs. 5,000/-, in default, further Rigorous Imprisonment for six months .

(2.) Wasudeo Admane [PW 1] lodged an oral report with Police Station, Wadner, on 12th November, 2010. His Oral Report is at Exh.16. According to the said report, the house of the appellant is situated near highway and thereafter, beyond the house of the appellant, the agricultural field of the first informant and his family is situated. The first informant and his other family members, including deceased Kisana, were required to pass from the house of the appellant. According to First Information Report, appellant used to raise suspicion about the family members of the first informant.

(3.) On 12th November, 2010, Rajkamal Waghmare was attached to Police Station, Wadner. He received a letter [Exh.49] from Rural Hospital. He immediately rushed to the said hospital. When he reached there, Kisana was in the casualty ward, however, in a dead condition. He made enquiry with Wasudeo Admane who gave the report in the Police Station [Exh.60]. The offence punishable under Section 302, Indian Penal Code, was registered vide Crime No. 79 of 2010. Printed FIR is at Exh.17.