RAVAN AMBADAS DOLARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE Appellant aggrieved by the Judgment and Order dated 29th October, 1996, passed by the Sessions Judge, Solapur, in Sessions Case No. 115 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 one month R. I. , for the offence under section 302 IPC, has preferred the present appeal.

(2.) SHORTLY stated the prosecution case runs as under : - The Appellant, deceased Arun @ Pinto, father of the deceased Janardhan Khavale - PW 5, eye witnesses Suresh Jadhav - PW 1 and Sharad Londhe - PW 2, and their employer Satish Khandelwal - PW 4, at the time of incident, were living in Jay Malhar Chowk, Budhwar Peth, District Solapur. There were illicit relations between the appellant's wife Sunita and deceased Arun @ Pinto on account of which the former (the appellant) nursed ill-will against the latter. A few days prior to the incident, Sunita is alleged to have left the appellant. At the time of incident, the deceased Arun @ Pintu, Suresh Jadhav - PW 1, Sharad Londhe - PW 2 and Malang (not examined) were in the employment of Satish Khandelwal - PW 4, who conducted the business of manufacturing ropes. On the date of incident i. e. on 2.5.1996, at about11. 30 p. m. while they were making ropes in front of the house of Satish Khandelwal - PW 4, situated at Bhagwati Society, Karamba Naka Road, at Solapur, where there was electric light, the appellant came and inflicted axe blow on the neck of Arun, who fell down as a consequence thereof. Thereafter, the appellant inflicted blows with axe on the person of Arun @ Pintu. He thereafter ran away towards Karamba Naka with axe. At that juncture Suresh Jadhav - PW 1 and Sharad Londhe - PW 2 called their employer Satish Khandelwal - PW 4, who came on the spot. While coming, he found a person armed with axe proceeding towards Karamba Naka. Sharad Londhe - PW 2 went to the house of the deceased Arun @ Pintu and informed his father Janardhan Khavale - PW 5 that the appellant had assaulted Arun @ Pintu with axe. Thereafter he came back with Janardhan Khavale - PW 5 to the house of Satish Khandelwal - PW - 4.In the mean time Suresh Jadhav - PW1 alongwith Malang (not examined) went and informed the police.

(3.) THE case was committed to the Court of Sessions in the usual manner, where the appellant was charged for an offence under section 302 IPC, to which charge he pleaded not guilty and claimed to be tried. During the trial, in all the prosecution examined nine witnesses. Two of them viz. Suresh Jadhav PW 1 and Sharad Londhe - PW 2, were examined as eye witnesses. Dharma Gaikwad - PW 3 and PSI Chaugule PW 9 were examined to prove the recovery of axe on pointing out of the appellant and recovery of the blood stained clothes from the appellant. PSI Chaugule PW 9 also deposed about the details of investigation conducted by him. THE defence of the appellant was denial. It is pertinent to mention that no defence witness was examined. THE learned Trial Judge believed the evidence adduced by prosecution and convicted and sentenced the appellant in the manner stated in paragraph 1.