VASUDEO BAJIRAO MORE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH this appeal the appellant challenges the judgment and order dated 22nd December 1998 passed by the Additional Sessions Judge, Ratnagiri , in Sessions Case No. 44/1995, whereby he has been convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs . 1000/ , in default to suffer 3 months R.I. for the offence under Section 302 I.P.C.

(2.) SHORTLY stated the prosecution case runs as under : The deceased Kashiram was the brother of the appellant. They resided in village Deoghar , Nivachiwadi , within the limits of taluka Khed , Dist. Ratnagiri . On 9 3 1995 at about 4 p.m. the deceased Kashiram was getting a sag tree cut by his labourers Krishna Katkari and Baban Katkar . At that time the appellant came and shouted who is there and what is he doing. the appellant snatched axes with which Krishna and Baban were cutting the said sag tree. Thereafter the deceased Kashiram picked up one of those axes and proceeded towards appellant Vasudeo saying 'Me Todato , Me Todato ' (I will break you into pieces). Thereupon the appellant caught hold of the hand of Kashiram with which he was holding an axe and a scuffle between him and Kashiram ensued, during the course of which the axe fell on the ground. Thereupon the appellant took a scythe which he had concealed in his waist and gave a blow with the same on the head of Kashiram . Thereafter he gave axe blows, from the blunt side, on the head of Kashiram . Finally after picking up two stones and throwing them on Kashiram's hand he went away. This incident was seen by Tukaram More P.W. 3 and Sumitra More P.W.4. After the appellant had run away they went near Kashiram and found him precariously injured. Thereafter Sumitra More went to his residence and Tukaram More went to the residence of Sitaram More. Some persons thereafter came to Sitaram More's House. He asked them for help for taking Kashiram for treatment but none came forward. Thereafter Tukaram More P.W.3, through two boys who were standing there, sent information to police Patil Krishna More P.W.1.

(3.) THE evidence of P.S.I. Pundalik Satose P.W.8 shows that on the night of 9/10.3.95 at about 2 a.m. Krishna More P.W.1, police Patil of Deoghar , came at Police Station Khed and gave out his FIR which he reduced into writing. The evidence of P.S.I. Pundalik Satose P.W. 8 shows that immediately with Krishna More P.W.1 he proceeded to the place of the incident where he found Kashiram lying in an unconscious condition. Along with yadi he sent him to the hospital at Khed for medical examination.