STATE OF MAHARASHTRA Vs. MANOHAR

JUDGEMENT

(1.) This is an appeal preferred by the State of Maharashtra against the judgment of the High Court of Bombay in Criminal Appeal No. 731 of 1981 dated 13-1-1985 reversing the judgment of the Sessions Court and acquitting the respondent, accused for an offence under Section 302, I.P.C. The result was that the sentence of life imprisonment awarded by the Sessions Court was set aside by the High Court.

(2.) The prosecution case was as follows: The deceased Udhav Golekar alias Patil belongs to village Kharda and went on 27-4-1980 along with his friend Tamij Mapadi (PW5) for attending the marriage of a relation at village Jejala. They stayed at Jejala overnight and on the next day i.e. 28-4-1980 Udhav Golekar and PW5 went to another village Ambi beyond Jejala. Udhav told PW5 that they would be going to the house of the accused Manohar at Ambi for consuming liquor. Accordingly they reached the house of the accused around 10 or 10.30 a.m. on 28-4-1980. Udhav Golekar purchased liquor worth Rupees 4/- from the accused. Thereafter both Udhav Golekar and PW5 consumed a cup of liquor. Subsequently Udhav Golekar gave Rs. 2/- to PW5 and told him to go out and bring eggs. Accordingly PW5 went out of the house of the accused and returned after purchasing eggs. When he was at the doorframe of the house of the accused, PW5 saw that a scuffle was going on between the accused and Udhav Golekar and he also saw accused picking up an axe and hitting Udhav Golekar on the backside of head. PW5 was not in a position to state whether the axe blow was given by the sharp end or by the butt end. There was bleeding injury on Udhav's head. PW5 rushed ahead and when he was holding Udhav's head in his hand, he asked the accused as to why he had assaulted Udhav Golekar and whether he wanted to kill him. Immediately the accused gave a blow by axe to PW5 on his head. PW was not in a position to state whether the blow was given by the sharp end or by the butt end of the axe. There was a bleeding injury on PW5's head and his shirt was also stained with blood. When he got up, he was kicked by the accused on his buttocks and therefore PW5 ran away.

(3.) The prosecution case further was that PW5 then went to village Jejala and proceeded to the house of Balu Patil, who was a relation of the deceased Udhav Golekar. At that time Dattu Patil alias Bhosale (PW2) was with Balu Patil. PW5 told them that the accused had assaulted Udhav Golekar by an axe at his house in Ambi village. He further told them that he was also assaulted by the accused and that he would be going to Kharda to inform the incident to Anna Golekar (PW4) who was the brother of the deceased Udhav Golekar. Accordingly PW5 went to Kharda and told PW4 about the incident. PW4 then took PW5 to a dispensary at Kharda. In the meantime PW4 went to the Primary Health Centre at Kharda and obtained a Jeep of the Medical Officer and he along with Rambhau Surve, Pandurang Golekar, Dattu Bhosale and Bhagatsing proceeded to Ambi. On the way Bhagatsing went to the police station, Ambi and submitted an application. After they came to the house of the accused they saw that the accused was in the house and Udhav Golekar was lying in an injured condition in the courtyard of that house and there was a bleeding injury on Udhav's head. He was alive but unconscious. At that time PW4 and PW2 asked the accused as to why he had assaulted Udhav Golekar and the accused kept mum. Thereafter they took Udhav Golekar in a jeep to the Primary Health Centre at Kharda where the Medical Officer declared Udhav dead. Thereafter PW4 again proceeded to Ambi and lodged the FIR (Ex.23 at 22.10 hours).