BHAU VITTHAL JAGADALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal filed under Section 374(2) of Cr.P.C. is directed against the order of conviction and sentence passed on 18 th October, 2003 by the learned Additional Sessions Judge, Solapur, in Sessions Case No.140/2003. In the said case, the appellant and his younger brother Dattatraya were tried for the offence punishable under Section 302 read with 34 of IPC on the charge of causing murder of Suresh Kashid, a resident of the same village i.e. Village Dahitane, on 15 th January, 2003.

(2.) As per the prosecution case, deceased Suresh was involved in illicit relationship with the mother of the accused when the accused were minors. With that grudge in his mind, accused no.1 and his father had assaulted Suresh sometimes in 1993 and he was forced to leave village Dahitane. He started staying at Pune but during the Diwali festival of the year 2002, the family of the deceased i.e. wife and children returned to the village but the deceased on account of fear of the accused preferred to stay at the nearby village by name Munashi. The accused got knowledge of the said fact and decided to kill him. On 15 th January, 2003, there was a weekly bazaar at village Vairag which is a close by village to Dahitane and the accused had learnt that the deceased could be traced in the said bazaar. Both of them went to bazaar and noticed that the deceased was selling vegetables. They kept a watch on him and around 5 p.m., he was attacked by both the brothers in the market itself. Accused no.1 had caused multiple injuries by a sickle on the deceased and the deceased collapsed. Both the accused went to the police station and accused no.1 lodged the report and he also produced the sickle. He was arrested and referred for medical examination. Bloodstained clothes on the person of the accused as well as sickle were seized. The report submitted by the accused was reduced in writing and was treated as an FIR (Exhibit 40). The police team reached the spot and the dead body was recovered for post mortem which was carried out on 16 th January, 2003 at the Primary Health Centre, Vairag. Post mortem notes at Exhibit-11 were received by the Investigating Officer. The seized articles were sent for chemical analysis. Both the accused were arrested on surrender and on completion of investigation, the chargesheet was submitted. On committal, the charge was framed at Exhibit 5. The prosecution examined in all 15 witnesses and claimed that PW 6 Laxmibai Kashid, PW 8 Haridas Kshirsagar, PW 9 Dattu Malage and PW 11 Popat Kabade were eye witnesses. PW 1 Balasaheb Jadhav, PW 2 Navnath Khune, PW 3 Vijay Parbalkar, PW 4 Raju Attar, PW 12 Suresh Kamble were examined as panch witnesses. However, PW 2, PW 3, PW 4, PW 5, PW 8, PW 9, PW 11 and PW 12 turned hostile. PW 7 Parmeshwar Kashid, PW 8 Ranjana Kashid and PW 13 Bharat Kashid were examined to support the motive behind the crime. PW 14 Dr.Pravin Deshmukh had conducted the post mortem as well as examined the accused when they were produced before him late in the night on 15 th January, 2003 while they were under arrest. PW 15 Yashwant Gawari was the Investigating Officer.

(3.) PW 14 Dr.Pravin Deshmukh stated before the trial court that on 15 th January, 2003, he was attached to the Vairag Primary Health Centre as a Medical Officer and on 16 th January, 2003, he had conducted post mortem of the dead body of Suresh Ratnappa Kashid between 9 to 10.30 p.m. On external examination, he noticed the following injuries on the person of the deceased :-