KISHAN MUKUNDRAO LANDGE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the order of conviction and sentence passed in Sessions Case No. 597 of 2001 on 30.3.2005 and the Appellant-accused has been convicted and sentenced to suffer imprisonment for life and to pay a fine of Rs. 1,000/-, in default of payment of fine, to suffer further R.I. for a period of two months.

(2.) While the appeal has been pending, the accused took out Criminal Application No. 234 of 2011 for being released on bail on the ground that he was arrested on 14.3.2001 and thus he has already undergone actual sentence almost close to 10 years and there was no possibility of his appeal being listed for final hearing in the next few months and more so when we are hearing the appeals (accused in jail) and the appeals filed in the year 2003 are still awaiting for final hearing though on board before us. We, therefore, with the consent of the parties took up Criminal Appeal No. 596 of 2005 for final hearing.

(3.) As per the prosecution case, the accused is the elder brother of the deceased Rohidas. Both of them were sharing one room belonging to their mother and it was partitioned in portions by a half brick wall. Both families thus share half portion each of the very same room. The accused was earning his living as a rickshaw driver. In the night on 13.3.2001, the accused had cooked some food in his portion of the house and smoke emanated in the entire room shared by two brothers. The deceased and his wife PW-3 Smt. Seema Landge could not sleep properly, and therefore, requested the accused to reduce the smoke. The accused started abusing in filthy language and he knocked on the door of the deceased and at that time he was armed with a knife. There was a scuffle between them. PW-3 Smt. Seema Landge the wife of the deceased tried to intervene but she was threatened. The accused gave blows of knife to the deceased, and one blow hit the deceased below his chest under the arm and that proved to be a fatal injury. The accused himself took the injured to Rajawadi hospital at about 1.50 a.m. and the doctor declared Rohidas dead.