SANGHARAJ BHOGAPPA KAMBLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal by way of special leave exemplifies the consequences of uncontrolled drinking and the dangers that go with it.

(2.) On 5th November, 1988, the deceased had gone to his duty at 8:00 a.m. and returned at 7:30 p.m. and after having dinner with his family members was sitting in the house conversing with them. At that moment, the accused accompanied by his friend, who was a neighbour and also a friend of the deceased, came to the house of the deceased and asked him to join him for a drink. The deceased, however, replied that as he had already had his dinner he was not inclined to take any liquor. The accused nevertheless insisted that the deceased should at least come out of the house and sit with them. The deceased agreed to this arrangement and went out of the house and the accused, his friend and the deceased sat outside the complainant's house where the accused and his friend then consumed liquor. It appears that after short time the accused started talking in an incoherent manner on which his father came out and seeing his condition got annoyed and asked the accused to leave the place and to stop drinking. This led to an exchange of hot words between the accused and his father following which the accused slapped his father and the father also slapped the accused. The deceased intervened at that stage and asked the accused as to why he was abusing his father and remonstrated with him on that account. The accused, however, turned on the deceased and told him that he was nobody to interfere in a dispute between him and his father and a quarrel ensued between the two. The father of the deceased also intervened in the quarrel and tried to separate them but he was pushed aside. The accused then took out a knife from his pocket and stabbed the deceased in his chest causing him a serious injury leading to his death. While the quarrel was going on Leena, P.W.5, the sister of the deceased and several others also came to the spot. A case under Section 302 of the IPC was accordingly, registered against the accused and on completion of investigation he was put to trial. The trial court and the High Court have concurrently held that the case of the prosecution stood proved and that the accused was liable for the murder. He was, accordingly, awarded a life sentence.

(3.) When this matter came up before this Court by way of special leave on the 12th August, 2005, notice was issued limited to the nature of the offence as also on the question of bail. Leave was granted thereafter on the 5th January, 2006, and having regard to the facts of the case and the question as to whether the offence would fall under Section 302 or Section 304 Part I or Part II of the Indian Penal Code, bail was also granted to the accused on that day. The matter is before us for final disposal.