MAHADU HARCHAND TIRMALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant aggrieved by the judgment and order dated 6/11/1995 passed by the III Additional Sessions Judge, Jalgaon, in Sessions Case No. 264/1993, whereby he has been convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 5000/- in default to suffer imprisonment for one year for the offence punishable under Section 302 of Indian Penal Code, has preferred the present Appeal.

(2.) SHORTLY stated the prosecution case runs as under : There was enmity between deceased Baliram on one hand and the appellant on the other on account of agricultural land. On 15/9/1993, Bhaskar Fulchand P. W. 5 while he was going for grinding grains at Kurhad, met his uncle Baliram who was also going there for a shave. After reaching Kurhad, Bhaskar went to the flour mill of Dhanraj P. W. 9 and Baliram went for a shave. After grinding was over, Bhaskar came to Gram Panchayat where Baliram was waiting for him. He and Baliram saw the appellant standing on the S. T. stand. Thereafter, Bhasker and Baliram proceeded towards Sarve. The time was about 5. 30 p. m. While Bhasker and Baliram were in the backside of the field of one Shivaji Thate, the appellant crossed them and went running towards Sarve. When Bhasker and Baliram reached the field of Shivaji Thate, the appellant returned with a Gupti and told Baliram ukgs peern js ysje Dele meh[ne (where would you go Beta, now you are found ). He thereafter took out the Gupti from the stick and delivered a blow with the same on the chest of Baliram. He then ran away. Since Baliram was profusely bleeding, Bhasker took a handkerchief from the shoulder of Baliram and tied his injury with the same. He thereafter alongwith Baliram. proceeded to village Sarve. On the way Dodhu Soniram met them. With the help of Dodhu, Bhasker brought Baliram to his house. By that time, Shantabai the sister of Baliram and Nandabai came there. They asked Baliram as to who assaulted him, whereupon he replied that the appellant had inflicted a Gupti blow on his chest and there was no guarantee that he would survive and asked them to inform the police telephonically. Thereafter Bhasker went and informed his mother Sarubai and maternal aunt Bhagabai (wife of Baliram ). Bhaskar told Sarubai that the appellant had inflicted a Gupti blow on the chest of Baliram, Consequently Sarubai came to the house of Baliram and Bhaskar went to inform Bhagabai. Sarubai asked Baliram as to who had assaulted him, whereupon he replied that the appellant had assaulted him. Thereafter, Baliram asked Sarubai and Police Patil Okha Dashrath, who was also there, to telephonically inform the police. Consequently they went to Warkhedi for making a phone call. From Warkhedi, Okha Dashrath gave a telephonic message to Pimpalgaon (Hareshwar) Police Station.

(3.) AUTOPSY on the corpse of the deceased Baliram was conducted on 16/9/93, between 11 a. m. to 12 a. m. , by Dr. Ramkrishna Teli (P. W. 8) who found in it the following ante mortem injuries: