MAHIPLATI TUKARAM SUTAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal has been filed by the Original Accused No. 1, who has been convicted for the offence punishable under Section 304 (latter part) of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years and fine of Rs. 1000/-, in default further rigorous imprisonment for three months, by judgment and order dated 7/7/1988, by the learned Additional Sessions Judge, Kolhapur, in Sessions Case No. 57 of 1986.

(2.) THE facts, leading to the filing of the present appeal, briefly stated, are as follows: THE Appellant (Original Accused No. 1) was tried along with his wife (Original Accused No. 2) before the learned Additional Sessions Judge. THE Appellant had let out his premises in House No. 1050, "e" Ward, Shahupuri at Kolhapur to the family of Dnyaneshwar Hublikar on monthly rent in or about the year 1979. Deceased Ambaji, brother of Dnyaneshwar Hublikar resided there and earned their livelihood by doing petty job of making small cotton bags for tobacco. THE Appellant, however, wanted the deceased and his brother to vacate the house. Since the deceased and Dnyaneshwar were not financially well-off to afford to have other premises, they stayed in the same premises against the desire of the Appellant. THE relations between the Appellant on one hand and the deceased and his brother had become strained. THE Appellant allegedly started giving troubles to the Complainant Dnyaneshwar and deceased Ambaji and his family members. A complaint application (Exhibit 27) was given to the police by Dnyaneshwar earlier. THE strained relations between the parties further deteriorated. On 12/3/1986, the Appellant allegedly arrived drunk at night time and started abusing the members of the family of the Complainant and deceased Ambaji. THE Appellant allegedly started demolishing certain wall. Dnyaneshwar rushed to Shahupuri Police Station and reported about the incident. THE Appellant was arrested and taken to police station on 12/3/1986. THE Appellant was allegedly detained at the police station. He was produced in the Court and probably sentenced to pay a fine. THE Appellant came back from the Court in the evening of 13/3/1986. It appears that there was some quarrel between the family members of the Appellant and the deceased Ambaji Narayan Hublikar and the Complainant Dnyaneshwar Narayan Hublikar, which gave rise to a scuffle. THE Appellant sustained some injuries on his head and he allegedly brought a knife and inflicted a serious blow into the chest of the deceased, thereby penetrating deep wounds, rupturing lever and diaphragm of the deceased. THE deceased was taken to the hospital, where he died. THE Appellant, after the incident, went straight to the police station and lodged the report. His report, however, came to be filed as it alleged the offence which was non-cognizable. After the death of deceased Ambaji in the hospital, a report came to be lodged by his brother Dnyaneshwar at Exhibit 28. THE investigation followed. THE Appellant came to be arrested on the same evening at about 8. 15 p. m. vide arrest panchanama at Exhibit 17. After completion of the investigation, chargesheet came to be filed against the present Appellant and his wife (Original Accused No. 2) for the offence punishable under Section 302 of the Indian Penal Code.

(3.) I have perused the evidence produced before the learned trial Judge and the judgment recorded by the learned trial Judge with the assistance of the learned counsel for the Appellant and the learned APP.