MARUTI SHANKAR VHOWALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH this appeal, the appellant challenges the Judgment and order dated 8/1/1997 passed by the Additional Sessions Judge Satara, in Sessions case no. 119 of 1992 whereby he has been convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 500/-, in default to suffer six months R. I. , for the offence under section 302 IPC. It is pertinent to mention that Suresh Vhowale, the real brother of the appellant, was also tried along with him, but, he has been acquitted vide the impugned Judgment and the State of Maharashtra has not preferred an appeal under section 378 (1) Cr. P. C. against the said acquittal.

(2.) IN short, the prosecution case runs as under : - The deceased Sanjay was the elder brother of Ganesh Malve PW 3.At the time of the incident, they were residing at the house of their grand father near Rehmatpur Railway station. On 13/3/1992, at about7. 30 p. m. Ganesh Malve PW 3 and his neighbour Satish Shinde PW 4 were present near the railway gate at Rahmatpur. Satish left to attend the call of nature. While Ganesh Malve was enjoying pakodas, on the stall there, the stall owner told him that one Jagannath Nhavi was not paying the price of pakodas which he had purchased on credit. After sometime, Ganesh Malve met Jagannath and asked him why he was not paying. He then returned back to the railway gate. The appellant Maruti Shankar who was present there, asked Ganesh Malve as to why he was abusing Jagannath and on that Ganesh Malve told him that who was he to interfere. When Ganesh Malve and Satish started returning back to their house, they met the deceased Sanjay, Ganesh told Sanjay about the incident. Sanjay proceeded towards the railway gate and Ganesh and Satish returned to their house. When Sanjay returned home, he told Ganesh that he had beaten the appellant - Maruti. Next day i. e. on 14/3/1992, at about7. 30 p. m. Sanjay along with Satish Shinde PW 4 went towards the railway gate. Ganesh Malve followed them within a short time. Satish Shinde and Sanjay started eating pakodas near the stall. Ganesh Malve and Satish Shinde saw that the appellant Maruti and the acquitted accused Suresh started abusing Sanjay. Thereafter, they saw that Suresh caught hold of Sanjay and the appellant - Maruti inflicted a knife blow on Sanjay's abdomen. This incident was seen by them in electric light. After assaulting Sanjay, the appellant Maruti and the acquitted accused Suresh ran away. Thereafter, Ganesh Malve and Satish Shinde tried to bring Sanjay to his house but, he fell down in front of the shop of Dagdu Patil. Leaving Satish Shinde with Sanjay, Ganesh went and informed his grand - father about the incident. He returned with a lungi which he wrapped on the abdomen of Sanjay. His grand parents also came there. On a tempo, his grand - mother and relation Fulabai took Sanjay to Rehmatpur Police station and later on to Civil Hospital, Satara.

(3.) IT is pertinent to mention that Sanjay's statement recorded by PHC Anand Naikwadi PW 2 has been treated to be the FIR. On its basis, C. R. No. 0/92 was registered at Satara city police station as the place of incident fell within the limits of Rehmatpur police station. Hence, it was transferred to the said police station where C. R. No. 16/92 was registered.