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2004 Supreme(Bom) 1304

V.G.PALSHIKAR, ANOOP V.MOHTA
CHANNAPA ADVYAPPA AMBI – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


ANOOP V. MOHTA, J.

( 1 ) A son killed his own father. Therefore, he was convicted under section 302 of the Indian Penal Code and has been sentenced to suffer rigorous imprisonment for life. The appellant-accused has appealed against the said order of conviction.

( 2 ) THE Additional Sessions Judge, Gadhinglaj held that the appellant had committed murder of his father A-dvyappa (hereinafter referred to as "the deceased") on 26th May, 1999, at about 6. 00 a. m. in front their house at Ambi vasahat at village Hitni, Taluka Gadhinglaj, and therefore, charged him under section 302 of IPC and, after due trial, imposed the sentence of rigorous imprisonment for life and to pay a fine of Rs. 1,000/- and, in default, to undergo rigorous imprisonment for one year.

( 3 ) THE prosecution has examined as many as 14 witnesses. No defence witness is examined. There are three eye witnesses to the unfortunate incident in question. They are, PW2, Sonabai Virupaksh Arnbi, PW5, Ujwala Subhash Kunte and PW10 Virupaksh Annappa Ambi. The other witnesses supported the case of the prosecution including the mother of the accused, PW6, Dundwa Advyappa ambi. PW4, Chanappa Dundappa Khandale saw the accused s







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