CRIMINAL APPEAL NO.327 OF 2013

Criminal appeal against conviction for murder under Section 302 of the Indian Penal Code, 1860.

Appellant seeks to set aside the conviction and sentence of life imprisonment imposed by the trial court.

The appeal is filed against the judgment and order dated 31st August, 2013 of the Additional Sessions Judge-2, Beed in Sessions Case No. 141 of 2012, convicting the appellant under Section 302 IPC and sentencing him to rigorous imprisonment for life and fine.

The trial court convicted the appellant (accused No.1) under Section 302 IPC, while acquitting the other three accused (Nos. 2, 3, and 4) of all charges.

Appellant argued that key eyewitnesses gave inconsistent accounts; PW6 stated she did not witness the incident, PW7 did not reiterate seeing the assault in cross-examination, and PW8 only saw the accused holding a log but not assaulting. Additionally, PW2 (inquest witness) testified that the deceased fell while climbing steps and the medical officer opined injuries could be from a fall, coupled with a 24-hour delay in lodging the FIR, making the prosecution case unreliable. State argued that PW3 (informant) and PW6 (wife of deceased) witnessed the incident and testified that the accused assaulted the deceased with a wooden log, and PW7 and PW8 also corroborated the assault, thus the trial court's conviction was based on consistent eyewitness testimony and should be upheld.

The informant Babasaheb Shaharam Maske, is the resident of village Sawargaon, Taluka Ashti, District Beed. Deceased Shaharam Maske was his father. Land of accused No.1 Dadasaheb is adjacent to the land of the informant. It is further alleged that, on 25th June 2012, at about 3.30 p.m. the informant and his mother Sakharbai, after fetching the water from the well for the purpose of drinking, were returning to the house. Father of the informant, Shaharam was sitting on a platform constructed of stone, under the Banyan tree in the village. At that time, accused abused father of the informant stating that, why he has lodged First Information Report against them, and then accused started beating deceased by fist and kick blows. Accused No.1 Dadasaheb assaulted the deceased with the help of the wooden log. Due to said assault, the father of the informant sustained bleeding injury on his head. PW3 Babasaheb Shaharam Maske deposed that he is residing with his mother, father, wife and other family members. Deceased Shaharam was his father. Accused No.1 Dadasaheb is his cousin brother. He is having agricultural land at village Sawargaon. Land of the accused is adjacent to his land. There is a dispute between them and the accused on the ground of landed property.

On 22 June 2012, deceased Shaharam Maske filed N.C. No. 177 of 2012 under sections 323, 504, 506 r/w 34 of IPC against the accused. On 25 June 2012, the incident occurred at about 3:30 p.m. in village Sawargaon, resulting in head injury to the deceased. The deceased died at City Care Hospital, Ahmednagar on the same day. On the next day, the dead body was subjected to postmortem at Civil Hospital, Ahmednagar and then cremated. Informant Babasaheb Maske lodged a complaint at Ambhora Police Station, leading to registration of Crime No. 85 of 2012 under sections 302, 504 r/w 34 IPC. After investigation, charge sheet was filed and the case was committed to the Court of Sessions, Beed. The Sessions Court framed charges under sections 302, 504 r/w 34 IPC against four accused. On 31 August 2013, the Additional Sessions Judge-2, Beed, in Sessions Case No. 141 of 2012, convicted accused No.1 Dadasaheb Thakaji Maske under section 302 IPC and sentenced him to life imprisonment, while acquitting the other three accused. The convicted accused filed the present appeal, which was reserved for judgment on 3 November 2017 and pronounced on 14 November 2017.

• Indian Penal Code, 1860: 302, 504, 34