Mukund, S/o. Digambar Dixit vs State of Maharashtra

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Bom) 534

VIBHA KANKANWADI, ABHAY S. WAGHWASE
Mukund, S/o. Digambar Dixit – Appellant
Versus
State of Maharashtra – Respondent

Advocates Appeared:
For the Appellant : Mr. R. A. Jaiswal.
For the Respondent: Mrs. V. S. Choudhari.

JUDGMENT :

(Abhay S. Waghwase, J.) :

1. Appellant Mukund, is hereby taking exception to the judgment and order of conviction passed by learned Extra Joint Ad-hoc Additional Sessions Judge, Parbhani in Sessions Case No.120 of 2014, by which he is held guilty for commission of offence under section 302 of Indian Penal Code (IPC) and sentenced to suffer life imprisonment and to pay fine.

FACTUAL MATRIX

2. Prosecution conducted trial against the appellant on the premise that, appellant/accused and informant Narayan are brothers. Their father Digambar owned house property and landed property. Informant Narayan occupied some part of the residential house, whereas appellant/accused Mukund occupied the other part. Appellant was a divorcee and thereby he resided alone. Entire property owned by late Digambar stood in the name of his wife. However, informant Narayan managed the entire property. Appellant accused Mukund earned for his livelihood by working in a hotel. As mother Laxmibai sold some portion of the land and did not share the sale proceeds with accused appellant, he was upset and therefore, relations between them were not cordial.

According to prosecution, on 23.07.2014, at around 8