BHIKA GOVINDA GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH this appeal the appellant challenges the Judgment and order dated 30/1/1997 passed by the Additional Sessions Judge, Nasik, in Sessions case no. 209 of 1996 whereby he has been convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 500/-, in default to undergo six months S. I for the offence under section 302 IPC. Shortly stated the prosecution case runs as under : - The deceased Tulshiram was the father of the informant Parshuram PW 1 and the husband of Yamunabai PW 3 The appellant and co - accused Chintaman, real brothers inter - se, were his cousins. All of them resided in village Satkamb, Taluka Surgana, District Nasik. There was dispute relating to land between Tulshiram on one hand and the appellant Chintaman on the other. A day prior to the incident, Parshuram and Tulshiram had quarrelled with the appellant over the cultivation of the land in block no. 17 A. Following day i. e. 24/6/1996, at 8.30 a. m the appellant seeing Chintaman coming in the field with a stick left his plough ; broke a stick from the fence of a mango tree; and thereafter both the appellant and Chintaman proceeded towards the Parshuram. When Parshuram started running away, the appellant turned back and inflicted a solitary stick blow on the head of Tulshiram. Thereafter, Chintaman assaulted Tulshiram by kicks and fists and the appellant leaving his stick on the place of the incident ran away along with Chintaman. Apart from Parshuram PW 2, this incident was seen by his mother Yamunabai PW3. Thereafter Parshuram and Yamunabai took Tulshiram to their house and the former went to the Police Patil and told him about the incident. The police Patil advised Parshuram to lodge a report at police station Surgana. On returning from Tulshiram's house, Parshuram finding that his father was bleeding from his nose and face and had turned blue, took him to Prabodhan Kanya Vastugriha, Ambathan, where Dipa Abraham PW 6, a nurse, finding that he had suffered a head injury gave first aid to him and asked that he be rushed to the hospital at Surgana. Consequently, Parshuram took him to Surgana.

(2.) THE evidence of Dr. Ganesh Kale PW 9 shows that on 24/6/1996 at 11 a. m. while he was on duty as Medical Officer PHC, Taluka Surguna, Tulshiram was brought. He sutured his injuries on the head and gave first aid to him. He told Tulshiram's son (Parshuram) who was accompanying him to take him to Civil Hospital, Nasik.

(3.) THE case was investigated in the usual manner by H. C. Rajaram Kshirsagar PW 8 and PSI Shantaram Valvi PW 10 THE latter after completing the investigation submitted the charge sheet against the appellant and co - accused Chintaman. THE case was committed to the court of Sessions in the usual manner where the appellant and Chintaman were charged for offences punishable under section 302 IPC. THE latter was also charged for the offence under section 323 IPC. Both of them pleaded not guilty and claimed to be tried. During trial, in all the prosecution examined 10 witnesses. Two of them Parshuram Gaikwad PW 1 and Yamunabai PW 3 were examined as eye witnesses. One Chintaman Gaikwad PW 4 was also sought to be examined as eye witness but, he stated that because of his being obstructed by trees he did not see the assault on the deceased Tulshiram. THE learned trial Judge believed the evidence of Parshuram and Yamunabai and convicted and sentenced the appellant in the manner stated in para 1, above. Hence, this appeal.