JUDGMENT (Per Urmila Joshi-Phalke, J.)

Heard finally with the consent of learned Counsel for the

parties.

2. By this appeal, the appellant (hereinafter referred as

‘accused’) has challenged the judgment and order of sentence passed by

the Additional Sessions Judge-3, Amravati on 29/04/2019 in Sessions

Case No.178/2016 whereby the accused is convicted of the offence punishable under Section 302 of the Indian Penal Code (hereinafter referred to as ‘the IPC’ for short) and is sentenced to suffer imprisonment for life and fine of Rs.1000/-in default, further imprisonment of one month.

3. From the material on record, case of the prosecution unfolds as under :

A] On 17/09/2016, informant – Aruna Gopal Borkar mother of the deceased has lodged report at police station Tiosa alleging that the present accused Gopalrao Dnyanobaji Borkar is her husband and she is having two sons namely Shailesh and Dhananjay respectively. They are possessing agricultural land at Shendurjana Ghat. Her husband is addicted to liquor and her son deceased Shailesh was not doing any work as well as not assisting any agricultural operations. Therefore, there used to be quarrel between her husband Gopal and her son Shailesh. On 16/09/2016 at about 8.00pm deceased Shailesh returned home under the influence of liquor after Ganpati immersion procession was over. As her husband was under the influence of liquor there was quarrel between Shailesh and accused Gopal. To avoid any further quarrel friend of Shailesh namely Umesh Dahake took Shailesh to his house and she also went along with her son Dhananjay at the house of Ashish Mehkare who is the friend of Dhananjay to spent night. On the way, she called Umesh Dahake and enquired about Shailesh and he disclosed that Shailesh is along with him. In the morning she came at the house of Umesh Dahake, at the relevant time Umesh Dahake disclosed that Shailesh left his house in the night itself. He also disclosed that the accused Gopal had visited his house holding stick in his hand in the midnight but he had not opened the door and informed him that he will talk with him in the morning. As the informant was worried about Shailesh, she made a phone call to her brother namely Bhaskar Sarode. Her brother arrived at about 12.00pm thereafter she visited her house and saw that Shailesh was lying on the bed and covered with blanket. She removed the blanket on the person of Shailesh and saw that Shailesh has sustained injuries on his head and face and was not alive. Therefore, she approached to the police station and lodged report against the accused that he has committed the murder of Shailesh.

4. On the basis of said report, police have registered the crime. After registration of the crime, wheels of the investigation started rotating. During the investigation, Investigating Officer has visited the alleged spot of incident which is the house of the accused. At the spot he collected the blood stains, blood stained articles. He also collected blood stained soil and simple soil and drawn the spot panchnama.

During investigation, he conducted inquest panchnama and also seized the cloths of the deceased. Accused was arrested. Cloths of the accused were also seized. He forwarded all the incriminating articles to the Chemical Analyzer. The weapon of the offence was recovered at the instance of the accused which was also forwarded to Chemical Analyzer. After completion of formalities of the investigation, he submitted charge-sheet against the accused.

5. Learned Magistrate has committed the case to the court of Sessions. The learned Additional Sessions Judge has framed the charge vide Exhibit 2. The accused pleaded not guilty and claimed to be tried.

6. To substantiate the charge against the accused, prosecution examined in all six witnesses as follows :

(i) PW-1 – Aruna Gopal Borkar (Exhibit 9) – informant.

(ii) PW-2 – Umesh Vithobaji Dahake (Exhibit 13)

(iii) PW-3 – Gajanan Narayan Khadse (Exhibit 21) – panch on spot.

(iv) PW-4 – Dr. Ma