BABAN VITHAL NIKHATE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) TWO persons namely; Baban and Uttam were tried by the IInd Additional Sessions Judge, Nanded in Sessions Case No. 26 of 1995 for offences punishable under Section 302, 323, both read with S. 34 of I. P. C. The learned Judge convicted both of them on both the counts; on the first count, he sentenced them to suffer imprisonment for life and to pay a fine of Rs. 500/- each in default to suffer R. I. for three months and on the second count, he sentenced them to suffer R. I. for six months and to pay a fine of Rs. 500/- each in default to suffer R. I. for three months. Their substantive sentences were directed to run concurrently.

(2.) AGGRIEVED by the aforesaid convictions and sentences, Baban and Uttam preferred Criminal Appeal No. 113 of 1996 in this Court. During the pendency of the appeal, the appellant Baban was reported to be dead. Consequently, a Division Bench of this Court vide its Order dated 24-10-1997 directed that the appeal against Baban abated. In the circumstances, we are left only with the appeal preferred by the appellant Uttam.

(3.) THE autopsy on the corpse of the deceased was conducted on 13-9-1994, between 2 P. M. and 4 P. M. by Dr. Syed Maqbool Ahmad (PW 5) who found on it the following anti-mortem injuries : (1)A contused wound on left partial area with abrasion. Contused wound measuring 6 x 4 cm. Abrasion measuring 2 x 1 cm. (2)Incised wound on left side of frontal area, measuring 6 x 3cm. , skin deep. (3)Incised wound on right partial area, 4 x 3 cm muscle deep. (4)Incised wound on right eye-brow measuring 5 x 2 cm, skin deep. (5)A contused wound on right cheek, 3 x 3 cm (6)A contused wound on nose involving tip, 5 x 3 cm (7)A contused wound on left cheek, 3 x 6 cm, (8)A contused wound on right shoulder on neck, 12 x 6 cm. (9)Contused wound on right side above scapula 12 x 4 cm. (10)Contused wound on upper 1/3rd of right upper arm measuring 8 x 3 cm. (11)Contused wound on right side of back, below scapula 10 x 4 cm. (12)Contused wound on left scapula, 8 x 3 cm. (13)Contused wound on left dorsum of hand, 10 x 6 cm. (14)Contused wound on right occipital area, 10 x 3 cm. (15)Contused wound on right parietial area measuring 12 x 6 cms. (16)Incised wound on left middle finger measuring 3 x 1 cm x skin deep. On internal examination, Dr. Ahmad found fracture of right parietal bone. In his opinion, the incised wounds suffered by the deceased could be caused by the knife shown to him (Art. 9) and the remaining injuries could be caused by the stick shown to him (Art. 4 ). In the opinion of Dr. Ahmad, injury Nos. 14 and 15 were sufficient in the ordinary course of nature to cause death. 5a. It is also pertinent to mention that the autopsy surgeon, Dr. Syed Maqbool Ahmed PW 5, medically examined Nirmalabai PW 4 on 30-9-1994 at 11. 30 a. m. and found a contused wound, 12 cm x 2 cm on left middle 1/3rd of left thigh, laterally, which was 24 hours old, simple in nature and attributable to a blunt object.