The main legal point established in the judgment is the reliance on evidence, including eye-witness accounts, recovery of blood-stained items, and medical evidence, to prove the guilt of the appellant for the offence under section 302 of IPC.

B.P. Colabawalla, J.

1. This Appeal is preferred by the Appellant – original Accused – Bhimsha Gurusidha Chendke against the judgment and order dated 25th January, 2012 passed by the Additional Sessions Judge – 3, Solapur, in Sessions Case No.210 of 2011. By the said judgment and order, the learned Sessions Judge convicted the Appellant for the offence punishable under section 302 of IPC and sentenced him to suffer imprisonment for life and to pay a fine of Rs.1,000/-. In default thereof, the Appellant is to suffer further R.I. for six months.

2. The prosecution case as stated briefly is thus -

(a) The deceased – Shivputra was the son of the Appellant. Shivputra had been living with his wife and children at Solapur where he used to work as coolie in a godown. He also used to cultivate his ancestral land and was earning income therefrom. The deceased Shivputra used to look after his father who used to reside in village Kalappawadi.

(b) On the date of the incident viz. 16th May 2011, Shivputra visited the village Kalappawadi in order to attend the funeral of an old woman – Tippavvaa Parangote. On 16th May, 2011 at about 11.00 p.m. the Appellant and his son Shivputra came to the house of PW 2 – Kasturbai quarreling with each other. The Appellant then assaulted his son Shivputra by means of an axe and inflicted blows on the back, left shoulder and left leg. This incident was eye-witnessed by PW 2 – Kasturbai and PW 3 – Nagubai. When PW 2 – Kasturbai heard a commotion, she came out of the house and saw the Appellant inflicting blows on Shivputra by means of an axe. At the time of the incident, two other villagers viz. PW 3 – Nagubai and one Sheshavva came to the spot and both these women also asked the Appellant not to assault the deceased – Shivputra. Due to the blows inflicted by the Appellant on Shivputra by means of an axe, Shivputra fell on the ground and died. Thereafter, the Appellant left the scene. PW 2 – Kasturbai and other villagers, thereafter, went to the Police Station and lodged the report with the Police. During the course of investigation, the Appellant was arrested on 17th May, 2011 at about 3.00 p.m. The clothes on the person of the Appellant which were blood-stained, were seized. The blood-stained axe was also recovered at the instance of the Appellant. After completion of the investigation, the charge-sheet came to be filed and in due course, the case was committed to the Court of Sessions.

3. The charge came to be framed against the Appellant under section 302 of IPC. The Appellant pleaded not guilty to the said charge and claimed to be tried. His defence was that of total denial and false implication. After going through the evidence adduced in this case, the learned Sessions Judge convicted and sentenced the Appellant as stated earlier in paragraph 1 above. Hence the present Appeal.

4. We have heard the learned Advocate for the Appellant and the learned APP for the State. After giving our anxious consideration to the facts and circumstances of the case, the arguments advanced by the learned Advocates for the parties, the judgment delivered by the learned Sessions Judge, and the evidence on record, for the reasons mentioned hereinafter, we are of the opinion that the Appellant assaulted his son Shivputra with an axe and caused his death.

5. The conviction of the Appellant is mainly based on the evidence of PW 2 – Kasturbai and PW 3 – Nagubai. PW 2 and PW 3 are eye-witnesses to the incident and are the neighbours of the Appellant. PW 2 – Kasturbai has deposed that at about 11.00 p.m. on 16th May 2011, the Appellant and the deceased – Shivputra came to her house quarreling with each other. On hearing the commotion, Kasturbai came out of the house and saw that the Appellant was armed with an axe and was inflicting blows with the said axe on the person of Shivputra. She has deposed that he inflicted blows with the axe on the back, left shoulder and left leg of Shivputra. When she asked the Appellant to stop a