SUDHAKAR DOMAJI SONULE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant was tried for the murder of one Arvind s/o Nathu Bhimte, aged about22 years, under Section 302 of the Indian Penal Code. THE prosecution had in all examined six witnesses in support of the charge. By impugned judgment dated 9th March, 1994 which is the subject matter of challenge in this appeal, the appellant was held guilty under Section 302 of the Indian Penal Code and was sentenced to suffer imprisonment for life.

(2.) THE prosecution case in brief is that on 6-2-1992 at about9. 30 p. m. , there was altercation and scuffle between the deceased Arvind and the appellant. P. W. 3 Dadaji, one Jiya, Prakash and Tarachand intervened on account of which the quarrel subsided. Tarachand took the appellant towards his house and the deceased Arvind went near video parlour. Later, the appellant also went towards video parlour. Subsequently at about2. 30 a. m. , the body of Arvind was found near hospital gate which is stated to be at a distance of more than two Kms. from the place where the scuffle between Arvind and the appellant had initially taken place. P. W. 1 Bhaurao had seen the body of deceased Arvind at 2. 30 a. m. near the hospital gate. Accordingly, he informed the doctor and sarpanch and sarpanch P. W. 4 Majhar Jamil lodged first information report with the police. THE accused was arrested on 7-2-1992. Knife and clothes of the accused were recovered at his instance. THE clothes of the deceased were also seized by the police. THE seized articles were sent to the Chemical Analyser. THE Chemical Analyser found blood stains on the full pant and baniyan which were seized from the accused as also on the blade of the knife. THE said items were stained with human blood. THE pant, baniyan of the accused and the blade of the knife were found to be stained with the blood of blood group "b". Nail clippings of the accused had also been taken on which human blood was found, but the blood group could not be determined. THE blood group of the deceased was "b" and the blood group of the accused is stated to be inconclusive.

(3.) LEARNED A. P. P. tried his best in order to support the judgment of the trial Court and urged that on the basis of circumstantial evidence, the conclusion arrived at by the trial Court cannot be faulted with.