DADASAHEB TUKARAM GAVADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH this appeal, the appellant challenges the Judgment and order dated 30-9-1995 passed by the Additional Sessions Judge, Satara in Sessions case No. 215 of 1994, whereby he has been convicted and sentenced in the manner stated hereinafter : - i)Under section 302 IPC to suffer imprisonment for life and to pay a fine of Rs. 500/- in default to undergo one month's S. I; and ii)Under section 504 IPC to suffer one months R. I. and to pay a fine of Rs. 100/- in default to undergo S. I. for 7 days.

(2.) THE prosecution case in short is as under :- On 25-7-1994 at about9 p. m. Bhagwan P. W. 2 along with his elder brother Raosaheb PW 5 went towards Bhairoba temple situated in village Shere, Taluka Karad, District Satara. At that time, their brother Vasant PW3 was in his shop situated near the said temple. At the said time the appellant, who was abusing, came to worship in the temple. Bhagwan asked him as to why and whom he was abusing. THEreupon the appellant told him that it was not his concern. Bhagwan asked the appellant not to abuse anybody. At that juncture, the deceased Eknath came there and told the appellant and Bhagwan not to quarrel. THEreupon, the appellant went running towards his house which was situated hardly 15 feet away ; returned with a gupti; and inflicted a gupti blow on the left side of the chest of Eknath. As a consequence of the assault, Eknath received a bleeding injury and collapsed shouting "oh mother I am dead". This incident was seen by Bhagwan, Vasant and Raosaheb. Immediately after the incident Bhagwan went and informed Eknath's father about it. THEreafter he went and informed Dr. Jaywant Satpute PW 4.

(3.) THE evidence of P. H. C. Pandurang Shinde PW 10 shows that on 26-7-1994, at about8 a. m. while he was at duty at Krishna Hospital at Karad, he received paper from the PSO Karad city police station that Eknath Satpute had been admitted in the said hospital. He proceeded to record Eknath's FIR. His evidence shows that on 26-7-1994, he recorded his FIR Exhibit 39. In the said FIR Eknath stated that he was stabbed by a gupti by the appellant.