RAMKISHAN ALIAS PINTYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellants have challenged the Judgment and order of conviction and sentence for an offence punishable under Section 302 read with Section 34 of the Indian Penal Code and for an offence punishable under Section 448 read with Section 34 of the Indian Penal Code, passed by the Additional Sessions Judge 2, Jalna in Sessions Case No.56 of 2010.

(2.) The prosecution case, in brief, is that Pushpabai Eknath Palve, complainant in this case and prosecution witness No.1, are resident of village Borgaon, Taluka and District Jalna. She was residing with her husband, deceased Eknath Palve and children at village Borgaon. It is alleged that on 12th October, 2009, at about 11.00 p.m. after the family members had meals, the complainant, her son and daughter slept in the inner room of the house. Deceased Eknath Palve slept in living room of his mansion (Wada). The door of the mansion was closed. It is alleged that in the intervening night of 12th October, 2009 and 13th October, 2009, at about 00.45 hours, somebody entered the mansion by climbing compound wall and tried to push the door forcibly. The complainant opened the door. She noticed two persons. Their faces were covered. The complainant described one of them to be a slim person. She closed the door and raised shout, on that her children got up. They came out of their house from another door. One Vishnu Kayande, Kailas Shelke and Deorao Ghuge came to the spot. It is alleged that Kailas Shelke informed her that somebody ran away from her house by jumping compound wall. Thereafter complainant noticed that her husband was lying in pool of blood. Deceased Eknath had sustained stab wound on his chest, right ribs and sustained injuries on his head. It is alleged that Chappal of assailant was found lying on the spot.

(3.) The complainant filed report to police outpost Shevli. The police registered an offence and started investigation. The police prepared spot panchnama, inquest panchnama, the dead body was sent for conducting autopsy. The investigation officer recorded statements of witnesses. He seized Chappal from the spot. The police claimed that they received secret information that original accused No.1 (acquitted) Pandurang returned to the village after 3 4 days, having injuries to his hand. The police arrested him and seized his clothes. Pandurang was sent for medical examination. On 20th October, 2009, the investigation officer arrested original accused Ramkishan, Ramprasad and Ambadas and seized their clothes from their person. Ambadas Kayande was acquitted by the trial Court. A knife was recovered at the instance of Ramkishan on 21st October, 2009 and at the instance of Ramprasad, an axe was recovered. Post mortem report was received. Seized articles were sent for chemical analyser's report. The charge sheet came to be filed. Charge was framed against four accused persons, at Exhibit 18. They denied the charge and claimed to be tried. The prosecution examined 12 witnesses. The most material witnesses in this case are PW 1 complainant Pushpabai, wife of deceased Eknath and PW 4 Seema, daughter of deceased, PW 12 medical officer, Dr. Sujit Naikal.