VANYA NARSING PAWARA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH this appeal the appellant challenges the judgment and order dated 19th June, 1996 passed by the II Additional Sessions Judge, Dhule, in Sessions Case No. 20/96, whereby he has been convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 1000/-, in default to undergo 2 months R. I. , for the offence punishable under section 302 I. P. C.

(2.) SHORTLY stated the prosecution case runs as under : the deceased Lotya Parshi Padvi was the real elder brother of Khatraya Parshi Padvi P. W. 2. Lotya and Khatraya were residing in contiguous houses in village Dhavalivihir, Taluka Taloda, District Dhule. Khatrayas house was visible from Lotyas house. Lotya was deaf and abnormal. He used to talk at random. On 2-3-1995 at about 5. 30 a. m. Lotya was sleeping on the ota of his house. At that time, Khatraya and his wife who were sleeping outside their house heard his cries "ba Melo" (I am dying ). Consequently, on hearing them, Khatraya alongwith his wife rushed to the ota where Lotya was sleeping. He saw that the appellant who was also a resident of village Dhavalivihir, was standing near the ota with a pestle (musal) in his hand. Seeing Khatraya and his wife, the appellant started running towards his hut. Khatraya shouted that the appellant had assaulted Lotya with a pestle (musal) and chased him. On the way he met Bhimsing P. W. 4 and Jangya Manga Padvi and told them that the appellant assaulted Lotya with a pestle. The appellant however, ran away leaving the musal at his hut. Thereafter, Khatraya, Bhimsing and Jangya went to the house of the Police Patil but since he was not there, they went to the house of the Sarpanch Babulal Vaharaya Pawara P. W. 5 and Khatraya told Babulal that the appellant had killed Lotya. Thereafter, Khatraya alongwith some others again went to trace out the appellant and caught him near the house of Bhimsing. Thereafter, Khatraya alongwith Bhimsing P. W. 4 and Babulal Pawara P. W. 5 went to the Police Station to lodge the F. I. R.

(3.) THE evidence of A. P. I. Ramnath Bajirao Lande P. W. 7 shows that on 2-3-95 at about 9 a. m. Khatraya P. W. 2 alongwith Babulal Pawara P. W. 5 and some others came to Police Station Taloda were Khatraya gave an oral complaint which he reduced in writing. On the basis of the said complaint (Exhibit 24) he registered Crime No. 26/95 at about 9. 45 a. m.