BABBUKHA AHMADKHA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant, who stands convicted for the offence punishable under section 302 of the Indian Penal Code and sentenced to suffer imprisonment for life and to pay fine of Rs.1000/ in default of payment of fine to suffer simple imprisonment for three months, in Session Trial No. 202/2004 by the Judgment rendered on 16 th March, 2005 by the Additional Sessions Judge, Darwha, is in appeal under Section 374(2) Cr.P.C. before this Court.

(2.) The facts reveal from the prosecution story, are that the incident in the case on hand occurred on 15.1.2003 at about 8.00 p.m. at village Umartha. On that day, at noon, the accused had been to the house of deceased Jabbarkhan and demanded liquor. Accused threatened deceased Jabbarkhan since the liquor was not supplied to him. At night deceased had been to the house of Gunwant Kale (P.W.2) to watch the television. Along with him, his younger son Babulkhan was also there. At about 8 p.m. accused came with an axe in the house of Mr. Gunwant Kale and gave blow on the head of Jabbarkhan. Jabbarkhan sustained bleeding injury, fell on the ground and became unconscious. Babulkhan son of deceased and others rushed injured Jabbarkhan to the hospital, where he was declared dead by the doctor present in the hospital. P.W.2 Gunwant Kale, the owner of the house where incident took place, went to the Police Station, Ner, on 16.1.2003 at 4.00 a.m. and lodged oral report. Mr. Vantaram, P.S.I., registered the Crime No. 10/2003 based on the report of P.W.2 Gunwant for the offence punishable under section 302 of the Indian Penal Code. He immediately rushed to the spot and carried spot panchanama in presence of the panch witnesses, collected the blood stained soil and simple earth from the spot and prepared inquest panchanama in presence of the panch witnesses. He has recorded the statements of the witnesses. He has also issued a letter for the post mortem to the Medical Officer concerned and collected the post mortem report. On January 20, 2003, he arrested the accused, who surrendered before him. On 23.1.2003, the accused was in police custody. He made a disclosure statement which was recorded under the memorandum in the presence of the panch witnesses. The accused led the panchas and the investigating officer and at his instance recovery of axe (article 1) was effected under the recovery panchanama. On January 25, 2003, the investigating officer made a query by communication along with axe to the medical officer. The Medical Officer opined that injury can be caused by the axe. Doctor, who carried out autopsy, opined that head injury could be caused by the axe. All the incriminating articles were forwarded to the chemical analyser for analysis. The report of the chemical analyser was collected.

(3.) After completion of the investigation, charge sheet was prepared and submitted to the learned Judicial Magistrate, First Class, Ner, District: Washim. The learned Judicial Magistrate, First Class, Ner committed the case to the court of session.