RAMA MANAGARUJI CHACHERKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant was convicted for the offence under Section 302, I.P.C. by the Additional Court of Sessions, Nagpur and it was confirmed by the Nagpur Bench of the Bombay High Court. The appellant Rama Mangaruji Chacherkar and his brother Dama Mangaru Chacherkar (deceased) were residing in their common ancestral house. The portion occupied by each of them was separated by bamboo mat. On the date of the incident, i.e., 30-7-1992, Dama had gone to the weekly bazaar and returned home at about 8.00 p.m. After some time, their ensued a quarrel between Rama and Dama and according to prosecution, Rama threw a crude bomb at Dama and it hit his head and exploded. Dama sustained severe injuries and he died on the spot. By the explosion of the bomb, appellant Rama also sustained injuries and the paternal uncle of the deceased, Mangaru Kaka, who was present at the time of the incident, sustained some burn injuries. Hearing the sound of the explosion, people of the locality came there and Smt. Kantabai, the wife of the deceased Dama told her husband's brother, Goma Chacherker, that her husband Dama had been killed by Rama.

(2.) The place of incident is about 10 kms. away from the Veltur Police Station. Goma Chacherker went to the police station on the next day and lodged a complaint. PW9, the Sub-Inspector of Police recorded the statement of the informant and registered the crime. He visited the place of incident and prepared the Inquest Report. He collected some remnants of the bomb, blood-stained soil, and some of the particles of flesh, which were found lying scattered at the scene, and recorded the statements of the wife of the deceased Dama, Mangaru Kaka, Goma Chacherkar and others. The dead body of Dama was sent for post-mortem examination. The blood-stained clothes worn by the deceased Dama at the time of the incident were also taken into custody during the course of the investigation.

(3.) On the prosecution side, 10 witnesses were examined. Before the commencement of the trial, Mangaru Kaka died and he could not be examined as a witness. The learned Sessions Judge relied on the evidence of PW2 Smt. Kantabai, the wife of the deceased Dama and found the appellant guilty of the offence charged against him. Ms. Aparna Bhat, learned counsel, who appeared on behalf of the appellant strongly contended before us that the evidence adduced by the prosecution is highly unsatisfactory and there is no direct evidence to prove the guilt of the appellant. It was pointed out that Smt. Kantabai admitted in her cross-exami-nation that at the time of the incident she was sleeping on a cot in the adjacent room and that she had not seen the appellant throwing the bomb at the deceased Dama. It is also pointed out that there is no direct evidence to prove that there was a quarrel between the appellant and the deceased Dama as the differences between them regarding the sharing of the agricultural produce and the house had been settled before this incident. It was also argued that there could have been an accident and the crude bomb must have exploded and the deceased and the appellant might have sustained injuries in that incident.