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ROHIT B. DEO, URMILA JOSHI-PHALKE
Hari @ Harihar Udaybhanji Waghade – Appellant
Versus
State of Maharashtra, Through Police Officer, Police Station, Wardha – Respondent
JUDGMENT :
Urmila Joshi-Phalke, J.
1. By this appeal, the appellant (accused) challenges judgment and order of conviction and sentence dated 30.9.2019 passed by learned Additional Sessions Judge, Wardha in Sessions Case No.09/2018 whereby learned Judge of the trial court convicted the accused for offence punishable under Section 302 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for life and to pay fine Rs.1000/- and in default of payment of the fine amount to suffer rigorous imprisonment for three months. Learned Judge of the trial court also given the accused set-off under Section 428 of the Code of Criminal Procedure since the accused was in jail.
2. Facts of the case in a nutshell are as under:
Informant Dinesh Champatrao Nagose, has lodged report approaching Kharangana Police Station, district Wardha on 19.9.2017 on allegations that Champatrao Nagose (the deceased) is his father and was working in agricultural field of Ramesh Daburkar. On 19.9.2017 also, at about 6:00 am, his father went in the agricultural field for doing labour work. He is a auto-rickshaw driver and, therefore, he also left the house along with his auto-rickshaw at S.T. Stand. At abou
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