SHRIRANG KISAN KURADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) :- This appeal is filed against the conviction and sentence dated 10/02/1989 passed by the Additional Sessions Judge, Satara, in Sessions Case No. 102 of 1988. By the aforesaid order the Sessions Court convicted the appellant, who was original accused No. 1, under Section 304 Part II of the Indian Penal Code and sentenced him of suffer rigorous imprisonment for five years.

(2.) THE incident took place at 9. 15 p. m. on 2/02/1988 within the limits of village Kole on Karad-Dhebewadi road near Ganpati temple. At the relevant time there was a fair at village Kole and the deceased along with other five companions decided to attend that fair. The deceased and his companions were residents of Kumbhargaon which is a hamlet of Kole. All these persons left the village for Kole at 8. 30 p. m. on bicycles. On the road the complainant Suresh Kalantre, PW 1 and his other three companions took a halt at S. T. stand at Talamavale for taking water. However, PW 2 Sandip Baile and Anandrao Kachare proceeded ahead towards Kole to attend the fair. While PW 2 Sandip was proceeding on bicycle, near Wanarwadi a bullockcart came across their bicycle. At the relevant time the said bicycle was driven by Ananada and PW 2 Sandip was sitting on the carrier of the said bicycle. Because of the sudden crossing of the bullockcart Ananda lost balance of his bicycle and consequently suddently fell down. At the relevant time accused Nos. 1 and 2 were also going by bicycle and as a result of a fall of the bicycle of Ananda they also lost the balance of their bicycle and had a fall. Due to this, accused No. 2 was annoyed and he gave one slap to PW 2 A Sandip.

(3.) IN the meantime the deceased Dilip was following PW 2 Sandip and Ananda to whom he met at Wanarwadi. At that time both Sandip and Ananda narrated to the deceased the story about the bicycle accident and the incident of slap given by accused No. 2 on the cheek of Sandip. Thereafter all these three companions decided to go to the accused for making certain enquiry as to why accused No. 2 gave a slap on the cheek of Sandip. All the said three companions proceeded towards Kole in the direction where the accused persons proceeded earlier. While the accused persons were on Karad-Dhebewadi road near Ganpati temple, PW 2 Sandip, the deceased Dilip and Ananda intercepted them. PW 2 Sandip pointed out to Dilip accused No. 2 Subhash who slapped him. Thereafter the deceased and Anand parked their bicycles and went towards the accused person. The deceased made enquiries with the accused persons and questioned them as to why they slapped Sandip on earlier occasion. After hearing the aforesaid question the accused persons got annoyed and thereafter scuffle ensued between Ananda, PW 2 Sandip, the deceased and accused Nos. 1 and 2. Accused No. 1 Shrirang and the deceased Dilip were pushing each other at backward side. When this scuffle was going on, the other three companions who were left behind viz. , Mubarak Mulla, Jayawant and Suresh also came near the spot where the scuffle was going on. As per the evidence led by the prosecution, in the said scuffle accused No. 1 whipped out a knife and inflicted a blow of the said knife on the chest of the deceased Dilip. The deceased Dilip sustained bleeding injury admeasuring about 3" x 1/2" above the left wrist at Anterior side and the other injury was caused on the left side on the chest. It is pertinent to note that both these piercing injuries were caused by one single blow. Thereafter the deceased collapsed by taking the name of his mother (Aye) and became unconscious. PW 1 Suresh Kalantre thereafter took the knife from the hands of accused No. 1 and with the help of one tempo passing by that road, the deceased was taken to the hospital where he was declared as dead. Thereafter PW 1 Suresh left Krishna Hospital and contacted Karad Taluka Police Station and lodged the complaint which is the First Information Report, at 0. 35 hours on 3/02/1988, which is at Exh. 18. All the other companions and accused Nos. 1 and 2 were also present in the Police Station.