SHIVRAM HIRAJI TARAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant aggrieved by the judgment and order dated 7-2-1996 passed by the Additional sessions Judge, Ratnagiri in Special Case No. 7 of 1995 convicting and sentencing him to undergo imprisonment for life for the offence punishable under section 302, Indian penal Code has come up in appeal before us.

(2.) SHORTLY stated the prosecution case runs as under :- The appellant Shivram Taral is a resident of village taralwadi, a hamlet of Wagharat-Nivade, Taluka Lanja, district Ratnagiri. The deceased Anu Kamble was the resident of village Boudhwadi which was also a hamlet of village wagharat. The appellant was having a suspicion that on account of the witchcraft practised by the deceased, his brother had died one year ago. On 5-11-1994, at about 2 p. m. Arjun Devras PW 4 who was working for a Contractor heard noise near the pump house where he was working (near the pathway of village Wagharat-Nivade ). He reached the place from where the noise was coming and saw the appellant assaulting Anu Kamble with a stick. The appellant threatened him and some others who had also come there to leave and told them that if they did not, he would beat them. Thereafter, they went away. Thereafter, Arjun Devras discovered that Anu Kamble had died. He informed the incident to the village Sarpanch PW 6 Kashinath Patkar. The evidence of Kashinath Patkar PW 6 shows that on 5-11-1994, at 3 p. m. Rajaram Taral, brother of the appellant came to his house and told him that his elder brother Raghunath Taral had called him near the river side. Consequently, he went there. He found that Raghunath had caught hold of his brother Shivram (appellant ). Raghunath told him that he had killed Anu Kamble. When Kashinath Patkar PW 6 asked the appellant, he admitted his guilt and told him that the same afternoon, there was a quarrel between him and Anu Kamble who was doing witchcraft. Kashinath Patkar asked the appellant where the corpse of anu Kamble was. The appellant replied that it was at Nivle. He took the appellant and asked him to sit in his house and along with the police patil of village Limbuchiwadi, went to the place of the incident where they saw the corpse.

(3.) THE FIR of the incident was lodged by Ramkrishna kamat PW 1 on the night of 5th/6th November, 1994 at police station Lanja. It was recorded by P. I. Bhaskar Mhatre PW 10 who registered on its basis, an offence under section 302, indian Penal Code etc.