JUDGMENT - VISHNU SAHAI, J. :---Vide the judgment and order dated 21st July, 1992, passed in Sessions Case No. 318 of 1991, the VIII Additional Sessions Judge, Thane, convicted and sentenced the appellant in the manner stated hereinafter:-

(i) Under section 302 I.P.C. to undergo life imprisonment; and

(ii) Under section 436 I.P.C. to undergo two years R.I. and to pay a fine of Rs. 500/-, in default to further undergo six months R.I.

The sentences of the appellant were ordered to run concurrently.

2. The prosecution case in brief, as emerging from the recitals contained in the testimony of the informant and three other eye witnesses of the incident, runs as follows:---

The deceased Vithu was the maternal uncle of the informant Keshav Kanha Kadam, P.W.6. On 30th December, 1990, at about 4.00 p.m. while the deceased was busy preparing baskets from bamboo sticks, the appellant Ramesh Nana Ghorpade, came and told him to send his daughter to him for one night. Understandingly, the deceased could not bear this and told the appellant whether his daughter had no parents. At that, the appellant is said to have got enraged and picked up a stick which was lying there and started assaulting the deceased with it. The appellant is alleged to have inflicted a large number of stick blows on the feet. face, chest and head of the deceased. As a result of the assault, the deceased is said to have succumbed to his injuries. Thereafter, appellant set fire to the house of deceased. Apart from the informant, this incident is alleged to have been seen by Rakhmabai Bagale P.W. 1, Sahikabai Kadam P.W. 4 and Gulab Kadam P.W. 5.

3. The F.I.R. of the incident was lodged the same day i.e. on 30th December, 1990 at 5.30 p.m. by P.W. 7 Keshav Kadam at Police Station Shahapur. On the basis of the F.I.R., Ex. 11, a case under sections 302/436/323/504 I.P.C. was registered against the appellant.

4. The investigation was conducted by P.W. 14 Senior P.I., C.I.D., Ashok Wankhede. He reached the place of the incident that very night. He found the corpse of the deceased lying infront of the door of his house. After some time, he arrested the appellant and took into his possession a blood-stained banian, a match-box and some bidis. The next day he interrogated some witnesses under section 161 Cr.P.C. On 2nd January, 1991, at the pointing out of the appellant, he recovered a blood-stained stick. The recovery was made at the instance of the appellant from the bushes situate towards the northern side of Kathodwadi. He sent the clothes of the appellant and some other articles to the Chemical Analyst. He also recovered earth mixed with blood from the place of the incident.

After completion of the investigation, a charge-sheet was submitted against the appellant.

5. In the instant case, the autopsy of the dead body of the deceased was conducted on 31st December, 1990 at 11.00 a.m. by P.W. 10 Dr. Keru More. On the dead body, the doctor found the following injuries :---

I. C.I.W. over skull 3 cm. x 2 cm. scalp deep, margins irregular, haematoma found.

II. Abrasion contusion over scalp forehead 3 cm. x 3 cm. haematoma was found.

III. C.L.W. over face left side of the mouth angle 3 cm. x 2 cm. margins irregular. Abrasion contusion on left side face and chin 5 cm. x 2 cm.

IV. Contusion over back right side scapular region and below scapular region 10 cm. x 5 cm. black redish. three in number.

V. Abrasion contusion on right auxiliary region and thoracic region 10 cm. x 5 cm. black, redish, haematoma was found.

VI. Abrasion contusion both gluteal region and thigh 10 cm. x 5 cm.

VII. Contusion over right mandibular region 5 cm. x 3 cm. haematoma found.

In the opinion of the doctor, the deceased died on account of cardio respiratory failure due to shock and concussion and intracranial haemorrhage and intra thoracic haemorrhage.

6. The case was committed to the Court of Sessions in the usual manner where charges under sections 302, 323 and 436 I.P.C. were framed against the appellant. To

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