PANDURANG GOMAJI WAKODE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant was tried for the murder of Barsu Bhagat under section 302 of I. P. C. The prosecution had examined 9 witnesses in support of the charge including two eye-witnesses. Besides this, the prosecution had relied upon oral dying declaration of deceased Barsu Bhagat made to his brother P. W. 3 Shalik Bhagat and the recovery of sickle at the instance of the appellant. The trial Court therefore held the appellant guilty of the charge under section 302 of I. P. C. and sentenced the appellant to imprisonment for life. The appellant challenges his conviction and sentence in this appeal.

(2.) THE prosecution case as revealed by Govinda P. W. 1, in brief, is that the accused, P. W. 1 Govinda and deceased Barsu, were living in the close neighbourhood of each other. The house of the P. W. 1 Govinda is said to be in between the house of appellant and deceased Barsu. The appellant suspected Govinda P. W. 1 and deceased Barsu for performing the black magic on his wife due to which she used to remained ill. The son of the appellant and son of Govinda P. W. 1 were studying in the same school and about 1? years prior to the incident in question, the son of the appellant had shown knife to the son of Govinda P. W. 1. Thereafter accused/appellant came with an axe in his hand in front of the house of Govinda P. W. 1 and abused him. Govinda P. W. 1 reported the matter to the police. On 17-3-1992, Head Constable Pardhi had came to inquire into the said report and in the course of inquiry recorded statement of Barsu Bhagat deceased and Madhukar Kale.

(3.) ON 25-3-1992 at about 7. 30 a. m. appellant Pandurang came from the backside of deceased Barsu, caught his hand and gave blow of sickle by its blade on the left side neck of Barsu. The appellant then inflicted blows on the left hand and right leg of Barsu. Thereafter, appellant ran with sickle in his hand towards his field.