RAU BHAGWANTA NARGUDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) There is clear and incontrovertible evidence showing that the relations between the deceased Dinkar Vithoba Hargude and the accused were strained on account of a land dispute. Then we have the evidence of three eye witness Dnyanoba, Drupada and Babu Hargude who have stated consistently except for certain minor contradiction which the learned Additional Sessions Judge has considered, that accused No. 1 Rau gave a sword-stick injury on Dinkar's chest. Information regarding the offence was given promptly by the brother of the deceased to the Police Patil who prepared a khabari report and took it to the Police Station. The First Information Report was thereafter recorded at the Police Station without any undue delay. It contains a near-full narration of the incident with its major details.

(2.) There is further evidence that the weapon of offence was discovered after the arrest of accused No. 1 in pursuance of a statement made by him during the course of investigation. The two panchas in whose presence the sword-stick was discovered have not whole-heartedly supported the discovery which is good reason for the argument that the evidence in regard to the discovery of the weapon be left out of consideration.

(3.) We find it impossible to accept the version of accused No. 1 that the deceased was himself carrying the sword-stick, that he (accused No. 1) tried to prevent the deceased from assaulting him with that sword-stick and that the injury was caused to the deceased accidentally during the scuffle. The circumstances of the case and the nature of the injury falsify that defence.