STATE OF MAHARASHTRA Vs. SANJAY EKNATH INGLE

JUDGEMENT

(1.) The State of Maharashtra has assailed the acquittal of respondents/ original accused for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code rendered by the Sessions Judge, Buldana in Sessions Case No. 42 of 1997 vide judgment and order dated 19th July 1997. Bahinabai Kaniram Baja (P. W. 2), mother of victim Shrirang has similarly challenged the said acquittal by filing Criminal Revision Application No. 158 of 1997.

(2.) The incident leading to the prosecution of respondents/accused as could be gathered from the evidence of P. W. 2 Bahinabai, P.W. 6 Gopal and P.W. 8 Shrikrishna is that on 4.1.1997 wife of deceased Shrirang was away from matrimonial home as she had gone to her parents place and, therefore, P. W. 2 Bahinabai who was residing just few houses away from the house of Shrirang had gone to his place for cooking food for Shrirang and his children. She left the place of Shrirang at about 08.30 p.m. Immediately thereafterafter her son Shrirang came back from Malkapur. When deceased Shrirang, on his return, was talking with son Shrikrishna (P.W. 8), accused entered the southern-side room and demanded liquor from Shrikrishna. Deceased Shrirang was dealing with sale of illicit liquor. When Shrirang was filling liquor in a glass from container, accused Sanjay gave kick blow to him owing to which Shrirang fell down. Accused Sanjay then took out razor from his pocket and gave blow on the neck of Shrirang. After such first blow, accused no. 2 Raju instigated accused no. 1 Sanjay by saying that in the previous incident, Shrirang had survived, but now he should be finished. After this accused no. 1 Sanjay gave another blow of razor which fell on the abdomen of Shrirang. Accused Sanjay then lifted Shrirang and placed him on cot. Shrirang and Gopal, sons of Shrirang were raising shouts for help, but to no effect. On her way back, near the house of one Uttam, P. W. 2 Behanabai was intercepted by Shrikrishna (son of Shrirang) and he informed her that accused Sanjay and Raju had done away with his father (Shrirang). She, therefore, got back to see that Shrirang was lying on cot; blood was oozing from his neck and there were bleeding injuries to his ear and abdominal portions also. She raised hue and cry, but to no avail. Then she went to the house of Police Patil (Devalsingh, P.W. 2) and apprised him of the incident. Devalsingh (P. W. 1) went to the house of Shrirang and on seeing his dead body, he left the place saying that he would make police report.

(3.) Upon the report lodged by P. W. 1 Devalsingh, police registered Crime No. 3/1997 at about 11.30 hours of 4.1.1997. PSI Barawkar who had taken over investigation, visited the spot on the same night and took accused in custody. On 5.1.1997 police drew inquest panchanama and spot panchanama in the presence of witnesses. Incriminating articles were seized. Dead body of Shrirang was sent for postmortem. Dr Anil Naik at the Cottage Hospital, Malkapur conducted post-mortem on the body of Shrirang. Viscera was sent for chemical analysis. Dr Naik opined that death was due to neurogenic and haemorrhagic shock which was secondary to multiple injuries found on the dead body of Shrirang. On 5.1.1997 Investigating Officer, PSI Barawkar recorded statements of witnesses including those of Gopal, Shrikrishna, sons and Bahinabai, mother of deceased Shrirang. Blood-stained clothes and weapon of offence viz. Razor were seized at the instance of accused Sanjay under seizure memorandum prepared by PSI Barawkar on 6.1.1997 in presence of witnesses. Blood-stained clothes of accused Sanjay viz. Shirt and pant as also razor were sent for chemical analysis. In the analysis, blood of group "A" was detected on he clothes of accused Sanjay; blood was detected on the blade portion of razor, but its group could not be detected.