DHANANJAY LAXMAN THORAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH this Appeal, the Appellants challenge the judgment and order dated 30th October, 1996 passed by the Sessions Judge, Osmanabad, in Sessions Case No. 14/94, whereby they have been convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000/-, in default to undergo six months' R. I. for the offence punishable under section 302 read with section 34 of the Indian Penal Code.

(2.) THE prosecution case, in brief, runs as under. THE informant Siddharth Shinde is the brother in law of Appellant Dhananjay. Appellants Subhash and Ram are real brothers of Appellant Dhananjay and Appellant Anil is the cousin brother of Appellant Dhananjay. At the time of the incident, the aforesaid Appellants, the informant Siddharth Shinde, P. W. 2, the deceased Kabir and witnesses Naseer Nadaf, P. W. 3, Anil Sonawane, P. W. 4 and Gautam Palke, P. W. 5, were living in Paranda, taluka Paranda, district Osmanabad. THE marriage of the informant's cousin, Tai, was solemnised with Appellant Dhananjay 8 to 10 years prior to the incident. About two years prior to the incident, Dhananjay drove out Tai as he was suspecting her fidelity. Consequently, Tai instituted a criminal case claiming maintenance. On 17-10-1993, at about8 p. m. , the informant Siddharth, his brother Mahadeo and his uncle Kabir were at their house. At that time, Appellant Anil came and called Kabir and took him for chewing pan. THE informant also followed him to Yuvraj Pan Centre, in Mahatma Phule Chowk, where he saw the Appellants and Kabir. At that time, Appellant Subhash started assaulting the informant with a stick. THE informant started running. Since it had rained, he slipped. THEreafter, the Appellants came near him in front of the office of Mahavir Nagari Pat Sanstha; Appellant Subhash inflicted two to three blows of stick on him; and the other Appellants inflicted fist and kick blows on his person. THE informant's uncle Kabir rushed to save him, whereupon Appellant Dhananjay caught the collar of his shirt and inflicted two blows with a knife on the left side of his chest and one blow on his thigh. Kabir fell down as a consequence of the assault. Apart from the informant, this incident was seen by Naseer Nadaf, P. W. 3, Anil Sonawane, P. W. 5 and Gautam Palke, P. W. 5.

(3.) GOING backwards, the autopsy on the corpse of the deceased Kabir was conducted on 18-10-1993, between 8.30 a. m. and 10 a. m. , by Dr. Vijay Karale, P. W. 1, who found on it the following antemortem injuries:- (1) Penetrating stab wound 1/2 cm. x 1/2 cm. x by 7 cm. on left side of chest in front just above and inner part of nipple in 3rd inter costal space having sharp edges at two ends, with slightly curved edges like and ellipse internally going obliquely down and inwards cutting left lung and left ventricle of the heart, 2 cm. above apex with extensive dark red blood around heart and in the lung tissue. (2) Penetrating stab wound 3.1/2 cm. x 1/2 cm. x 6.1/2 cms. on chest in left anterior axillary line in 6th inter costal space having sharp edges at two ends entering into thorax and abdominal cavity cutting substance of left lung and left spleen with dark red blood in the lung tissues and around the spleen inside the abdominal cavity. (3) Incised wound 1 cm. x 3.1/2 cms. x 3 cms. on right thigh upper and inner part horizontal in direction edges sharp at two ends cutting the muscle underneath with dark red blood in and around the wound. In the opinion of Dr. Karale, the said injuries were caused by a sharp cutting object, which included a knife and injuries Nos. 1 and 2 were dangerous to life. On internal examination, Dr. Karale found a penetrating stab wound cutting pleura, the substance of the left lung, pericardium and left ventricle. In the abdominal cavity, peritoneum was also cut. In the opinion of Dr. Karale, the deceased died on account of haemorrhagic shock due to incised and penetrating wounds and injuries Nos. 1 and 2 were sufficient in the ordinary course of nature to cause death.