SHANTARAM DATTYA WAGHMARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant aggrieved by the Judgment and order dated 20-11-1996 passed by the Sessions Judge, Raigad - Alibag in Sessions Case no. 148 of 1993 convicting and sentencing him to undergo five years R. I. and to pay a fine of Rs. 1000/- in default to suffer R. I. for one year for the offence under section 304 Part II IPC has come up in appeal before us.

(2.) IN short, the prosecution case runs as under :- The informant Fashibai Waghmare PW 2 is the wife of the deceased Shivram Waghmare. At the time of the incident, she along with her husband, her daughters Sunita, Alka and son Vasudeo lived in Nita Nilampada, Taluka Panvel, District Raigad. The appellant who was the cousin brother of her husband lived at a distance of 10 paces from her house. On 21-8-1992, at about5 p. m. when the informant and her husband returned back to their house, the informant's daughter Alka told her that she was assaulted by Balu, the brother-in-law of the appellant. At that time, the appellant who was standing in the court - yard of his house started abusing the informant's husband Shivram. The informant told him as to why he was abusing him. This enraged him. He went inside the house, fetched a stick and gave a stick blow on the informant's left shoulder. Hearing her cries, her husband Shivram came. The appellant picked up a stone and with force hurled it once on the head of Shivram who fell down as a consequence thereof. Apart from the informant, this incident was seen by her neice Leela PW 5 (daughter of Raghunath Waghmare, brother of Shivram.) After the incident, Leela went and called her father Manglya PW 6 who was at his cattle - shed situated at a distance of about2 miles from his house. Manglya rushed to the informants' house who told him about the incident. He went to the Police Patil, Uday Patil. Same night between 9. 10 p. m. the Police Patil came. He found Shivram sleeping and went away. Next morning, at about7 a. m. Manglya again went to the Police Patil. Thereafter, he along with the Police Patil went to police station Panvel and informed the police that one Shantaram had hit his brother with a stone and his brother was in a serious condition. Thereafter, they returned along with the police but, by that time Manglya's brother Shivram was dead.

(3.) THE case was committed to the Court of Sessions in the usual manner where the appellant was charged for the offence punishable under section 302 IPC to which charge, he pleaded not guilty and claimed to be tried.