STATE OF MAHARASHTRA Vs. SIDRAM CHANDRASHEKAR KARANJE

JUDGEMENT

(1.) The above appeal is directed against the judgment and order dated 07-02-1991 passed by the 3rd Additional Sessions Judge, Solapur, by which the accused was acquitted of the offences punishable under Section 302 of Indian Penal Code and 37(1) punishable under Section 135 of the Bombay Police Act.

(2.) The prosecution story in brief, is that there was a marriage of the daughter of one Nandlal Champalal Dhoot in Mahavir Mangal Karyalaya between 06-12-1989 to 08-12-1989. The catering contract of the said marriage was given to one Jugalkishor Vyas, who is the complainant. The marriage ceremony was over on 07121989. However, on 08-12-1989, there was a lunch for the near relatives which is called Aher ceremony . The deceased one Prabhuling Birajdar was one of the persons working with the complainant. It is the case of the prosecution that on 08121989 at about 4.00 p.m., when the meals were over and the complainant was winding up the articles on the ground floor, the deceased Prabhuling told him that he was not feeling well and therefore, would like to take rest on the first floor and accordingly, went to the first floor of the Mangal Karyalaya. After some time, at about 4.30 p.m., it is the case of the prosecution that the complainant heard shouts save save (okpok okpok) from the first floor. The accused came running from the stair case from the first floor with a knife and went out of the gate of the Mangalkrayalaya. The accused was chased by the complainant and others. However, the complainant returned back to the Mangalkaryalaya. One Sidhlingayya Swami, one of the workers of the complainant, caught hold of the accused, who was wearing blood stained clothes and brought him in the mangalkaryalaya. On being inquired by the said Sidhlingayya Swami as to why he had assaulted Prabhuling. The accused told him that he was taking revenge of the murder of his sister. Prabhuling followed the accused from the stair case and had sat on the last step of the stair case. It is the prosecution story that Jugalkishor, the complainant, was present there, to whom the deceased told that Sidhu had stabbed him by knife . The deceased was rushed to the Civil Hospital, Solapur. Thereafter, police came in the hospital and PSI Pawar recorded the FIR at the behest of Jugalkishor Vyas under C.R.No.249 of 1989 at 9.55 p.m. The accused was thereafter, arrested at 10.35 p.m. and was at the time of arrest, according to the prosecution, was wearing blood stained clothes. The blood stained clothes i.e trouser and shirt, were attached under the panchanama by PSI Pawar of Foujdar Chabadi Police Station. On the next date, panchanama of scene of offence was drawn by PSI Pawar. Recovery of the knife was made at the behest of the accused and the memorandum to that effect was prepared. The clothes attached from the person of the accused and the blood samples were sent to the Chemical Analyzer, Pune. The police thereafter, submitted a chargesheet in the Court of Chief Judicial Magistrate, who committed the case to the Court of Sessions for trial, as it involved an offence punishable under section 302 of IPC.

(3.) The defence taken by the accused in his statement recorded under Section 313 of Code of Criminal Procedure, was one of total denial. The prosecution has examined as many as 13 witnesses, which include Jugalkishor Vyas, the complainant and the said Sidhlingayya Swami. Since there was no eye witness to the said incident, the prosecution sought to bring home the charge against the accused on the basis of circumstantial evidence, the extrajudicial confession made by the accused and the dying declaration made by the said Prabhuling. In so far as the prosecution case is concerned, the star witnesses as it were are the complainant and the said Sidhlingayya Swami, who is alleged to have caught hold the accused after he was fleeing away from the scene of offence and brought back to the mangal karyalaya.