HARISH RAMRATAN GAUD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH this appeal, the appellant challenges the Judgment and order dated 4-11-1995 passed by the Additional Sessions Judge, Pune, in Sessions case No. 285 of 1995, convicting and sentencing him in the manner stated hereinafter:- (i)Under section 302 IPC to suffer imprisonment for life and to pay a fine of Rs. 300/- in default to suffer R. I. for three months ; (ii)Under section 324 IPC to suffer one months imprisonment ; and (iii)Under section 449 IPC to suffer imprisonment for two years and to pay a fine of Rs. 200/- in default to suffer R. I. for one month. The substantive sentence of the appellant were ordered to run concurrently.

(2.) IN short, the prosecution case runs as under :- The informant Jaipal Walmiki P. W 2 at the time of the incident was working as a sweeper in the INstitute of Armament Technology (also referred to as IAT) at Pune. His quarter was situated in the IAT campus. At the time of the incident, he was residing in it along with his wife Yamunadevi, his son Sureshpal (the deceased), Sureshpal's wife Sharda PW 6 and his grand son Bittu (son of his son Dharmesh ). The informant had another son Rajeshpal who at the time of the incident was in custody in a case of theft. 28th February was the date fixed in the Court at Vadgaon Mawal in connection with the said theft case and the informant had gone to meet his son Rajeshpal. He returned therefrom at about8. 30 p. m. At that time, Ramratan, father of the appellant and INdrasingh were sitting near the hearth in the courtyard of his quarter. Through Ramratan's intervention, the informant had purchased ration worth Rs. 227/ -. He had only paid him Rs. 100/- and had assured to pay him the balance after sometime. When the informant returned from Vadgaon Mawal, Ramratan asked for the balance money and told him that he would take his utensils if he did not pay the same. The deceased Sureshpal told Ramratan that he should come the next day. On this, Ramratan started abusing Sureshpal and threatened the latter to see him the next day. Thereafter, he went away. Thereafter, the informant, Sureshpal, Sharda, Dharmesh and other family members slept. On the following day, i. e. 1-3-1995, at about5 a. m. the informant woke up and asked Sharda to prepare tea. Thereafter, he started warming water. All the doors in his house were open as he was outside. Electric light was burning inside the house. At about5. 30 a. m. Ramratan, the appellant and two other sons of Ramratan, armed with iron rods and iron strip forcibly entered the informant's court - yard. They pushed the informant who, fell down near the hearth. They thereafter, inflicted blows with iron rods and iron strip on the person of Sureshpal who was sleeping. The informant made a futile bid to save him. Thereafter, he ran to inform the Security Officer, one Major Shankar Narayan PW 4. IN the meantime, the informant's daughter - in -law Sharda also tried to save the deceased but, a blow with a iron rod was inflicted on her left forearm. Her endeavour also failed. Ramratan, the appellant and others also assaulted Dharmesh and the informant's wife Yamunadevi. After assaulting them, Ramratan, the appellant and others ran away. After Ramratan the appellant and others had run away, Sharda started crying "vachva Vachva". IN the meantime, the informant came. He called for a ambulance and in the same, Sureshpal was taken to the M. I. Room where Dr. Katoch (Major Katoch PW 3) found him dead.

(3.) ONCE again, going backwards, the autopsy on the corpse of Sureshpal was conducted on 1-3-1995 by Dr. Laxmikant Bade PW 1 who found on it the following ante - mortem injuries :- " 1. Lacerated wound over pinna of left ear 1/4" x 1/4 "; 2.Lacerated wound behind pinna of left ear in the middle measuring 1" x 1/2" bone deep ; 3.Abrasion over left forearm posteriorly vertical in direction 3" x 1/2" red in colour; 4.Abrasion over posterior aspect of left elbow 1/2" x 1/4" red. 5.Abrasion over left arm outer side, upper /3rd area 1/2" x 1/4". 6.Abrasion measuring 1/4" x 1/4" over both knee joints anteriorly red. 7.Abrasion over left knee joint outer aspect measuring 1/2" x 1/4" red in colour. " On internal examination, the doctor found the following injuries :- 1. Haematoma over left mastoid area. 2.Crack fracture of left temporal lobe half inch above mastoid 3" in length. 3.Fracture of base of the skull left middle cranial fossa upto pituitary fossa. 4.Lacerations of dura left temporal lobe 1" in length with extradural haemotama left temporal lobe and left side base of brain. Subarachoid haemorrhage all over the lobes. 5.Haemotoma over the sternum measuring 6" x 4". " In the opinion of Dr. Bade, the deceased died on account of shock as a result of fracture of skull bone, lacerations of brain and intracranial haemorrhage. In his deposition, Dr. Bade stated that injury no. 1 and 2 were sufficient in the ordinary course of nature to cause death. He also stated that the ante-mortem injuries of the deceased could be caused by iron bars and iron strip shown to him.