ARUN TOTAJI WADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 12. 6. 1996 passed by the Additional Sessions Judge, Hingoli in Sessions Trial no. 7/96 whereby the appellant has been convicted for the offence punishable under Section 302 r. w. 34 I. P. C. and is sentenced to imprisonment for life and to pay a fine of Rs. 500/- in default to suffer R. I. for 3 months.

(2.) THE prosecution case briefly stated was as under: the deceased Siddharth resided with his wife Sushila (p. w. 1) and mother gangabai (p. w. 3 ) and children in his ancestral house situated at Sutarwada locality at Hingoli town. The appellant, his brother Vijay and their father Tolaji resided in a house adjoining the house of the deceased. The appellant, his brother Vijay and their father Tolaji. claimed share in the ancestral house of the deceased. The appellant , his brother and father had constructed a wall on the side of deceased siddharth's house. It appears that there were quarrels between the appellant, his brother Vijay and his father on one hand and the deceased Siddharth-and his wife on the other. The report about the incident in which the appellant had assaulted them had been filed earlier. The deceased it appears had moved an application before the Municipal Council, Hingoli in respect of the wall which had been raised by the appellant and his brother Vijay and father. The relations between the 2 brothers were apparently strained.

(3.) IN this background , it is alleged that on 9/11/89 at about 9 p. m. deceased siddharth was taking his meals at his house. His wife Sushila (p. w. 1) served it to the deceased Siddharth while Gangabai (p. w. 3) the mother of deceased Siddharth sat near Siddharth. The appellant and his brother Vijay arrived alongwith Panchulabai. They asked Siddharth whether he would allow the construction of house site or not. Thereafter, Vijay took out a dagger from his person and stabbed Siddharth on his abdomen below ambilicus. The appellant took out a razor from his person and gave blow of it to Siddharth on his right upper arm. Sushilabai (p. w. 1) wife of the deceased Siddharth tried to save Siddharth from the assault by Vijay. Vijay then gave blow of dagger to Sushila (p. w. 1 ) on her chest causing bleeding injuries to her. Sushilabai was also assaulted with fists, blows and kicks. Panchafulabai had assaulted Sushilabai by pelting stone at her. Sushilabai had also sustained bleeding injury on her head. The deceased Siddharth sustained bleeding injury on his abdomen and right upper arm. Gangabai (p. w. 3) mother of Siddharth rushed to the police station , Hingoli and brought the police on the spot. Injured Siddharth was rushed to Rural Hospital, Hingoli for treatment. He was declared dead on arrival. Thereafter , Sushila approached the Police Station , Hingoli and lodged the report. P. S. I. Walmick Manikrao Awhale (p. w. 5) reduced the report in writing (Exh. 20)and registered the offence under Section 302 and 324 r. w. 34 of I. P. C. Accused vijay came to be arrested by P. S. I. Awhale on 12/11/89 vide arrest panchanama (Exh. 12 ). Dagger was seized at the instance of accused Vijay. Despite all efforts made by police, the present appellant could not be traced. The investigation however was completed and charge sheet was filed in the court of J. M. F. C. Hingoli on 31 /1/1990 against Vijay S/o Tolaji and Panchafulabai. Vijay s/o Tolaji and panchafulabai W/o Bahrain were tried in Sessions Trial no. 22/90. The accused vijay was convicted on 23/11/1990 for the offence punishable under Section 302 i. P. C. and sentenced to life imprisonment. He was also convicted for the offence punishable under Section 324 I. P. C. Panchafulabai was however, acquitted.