PRAVIN RAJARAM SHINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH this appeal the appellant challenges the judgment and order dated 11-9-1996 passed by the Additional Sessions Judge, Sangli, in Sessions Case No. 238 of 1995 whereby he has been convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/- in default to suffer two years R. I. for the offence under section 302 I. P. C. Shortly stated the prosecution case runs as under :-The deceased Vikas Sathe was the cousin of the informant-Janardhan Sathe P. W. 2. At the time of the incident, both of them resided in Mhangwada of village Wategaon, Taluka Walwa Police Station Kasegaon, District Sangli and the appellant resided in Wategaon. On 26-9-1995 at 7. 45 p. m. the appellant came on a jeep which he parked in front of Bajrang Restaurant in the square of S. T. stand, Wategaon. Thereafter, he came to bhellgadi of Yeshwant Sathe P. W. 5 which was located in the square of S. T. stand. An electric tube was lit in the said bhellgadi. At that time, the deceased Vikas was also there. At that very time, the informant Janardhan Sathe P. W. 2 after having a shave at Lucky Hair Dressers also came to the bhellgadi of Yeshwant Sathe and purchased chana of eight annas from Yeshwant Sathe. Thereafter, Janardhar Sathe and Yeshwant Sathe heard the deceased Vikas telling the appellant that he should pay the amount which he had taken on loan on which the appellant told Vikas that he would not return the same and he could do whatever he wanted. Thereafter, the appellant gave a slap on the face of Vikas and a scuffle took place between them. In the course of the scuffle, they came on the road. Janardhan Sathe, Yeshwant Sathe and others tried to separate the appellant and Vikas. At that juncture, the appellant took out a knife from the pocket and inflicted two blows with the same on the chest of Vikas. Thereafter, the appellant broke the buttons of his shirt; took off the same; and started moving his knife in the air challenging the persons who had gathered there that they should not come forward. He thereafter, ran away on the jeep.

(2.) THE evidence of Janardhan Sathe P. W. 2 shows that after the incident, he put Vikas in a rickshaw and took him to Kasegaon Police Station where he wanted to lodge his F. I. R. : but the police told him that first he should get Vikas treated and asked him, to take Vikas to Krishna Charitable Hospital, Karad. A constable accompanied Janardhan Sathe to the said hospital. At 11 p. m. Vikas succumbed to his injuries in the said hospital. The evidence of Janardhan Sathe further shows that after Vikas had succumbed to his injuries, he came to Kasegaon Police Station and lodged his F. I. R.

(3.) THE evidence of P. S. I. Sampatrao Patil P. W. 6 shows that on 27-9-1995 at 12. 15 a. m. while he was on duty at Kasegaon Police Station, Janardhan Sathe P. W. 2 came to the Police Station and he recorded his F. I. R. (Exhibit 16) as per his dictation. The evidence of P. S. I. Patil further shows that after recording the F. I. R. , and registering an offence, he proceeded to the place of the incident and drew the spot panchanama Exhibit 6 and seized from the place of the incident, a pair of chappals and two plastic buttons of a shirt. He also collected plain and blood stained earth therefrom. His evidence shows that thereafter, the investigation was taken over by Dy. S. P. Dattatraya Mandlik P. W. 7.