Palghar (Maharashtra), Jul 3 A sessions court here on Friday sentenced a 35-year-old farmer to life imprisonment for killing his brother following a dispute in March 2020.
That the accused was drunk when he attacked his brother could not be a mitigating circumstance as he drank liquor regularly and was capable of understanding what he was doing, the court said.
Additional Sessions Judge A R Rahane held the accused, Rajesh Rupji Dolare (35), guilty under Sections 302 (murder) and 352 (assault or criminal force) of the Indian Penal Code.
The court also imposed a fine of Rs 10,500 on him.
Additional Public Prosecutor Rekha Hiwrale said the prosecution examined 11 witnesses during the trial.
According to the prosecution, the incident took place on March 7, 2020, at Aamgaon Shivpada in Talasari taluka.
Vasant Rupji Dolare was scolding his daughter for teasing his son, which led the accused, who lived next door, to suspect that the reprimand was directed at him.
Rajesh called Vasant outside and hacked him to death with an axe, while also assaulting Vasant's wife when she intervened.
The defence argued that the eye-witnesses were relatives and hence they could not be considered unbiased. It also stated that the accused was under the influence of toddy.
The judge, however, stated in the judgement that a "related" witness is not necessarily an "interested" one. "A witness may be called interested only when he or she derives some benefit from the result of a litigation.....A witness who is the only possible eye witness in the circumstances cannot be said to be interested."
The court also noted that there were several injuries on the deceased's vital organs, which reflected the accused's intention to kill him.
As Rajesh drank toddy regularly, it could not be said to have "incapacitated him from understanding the nature and consequences of his act", the judge said, adding that the way he gave "one blow after another" showed that he was capable enough of understanding what he was doing.
