MALHARI PANDURANG SHINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant, Malhari Pandurang Shinde, was tried for committing murder under section 302 of the Indian Penal Code but came to be convicted under section 304 (Part II) of the I. P. C. He was sentenced to rigorous imprisonment for three years. This appeal challenges both the conviction and sentence awarded. The prosecution case in short, is as under.

(2.) AT the village Nirwangi, Taluka Indapur, District Pune, Parubai, wife of Ganpat Machale, owned agricultural land. This parcel of land adjoins the land of the accused Malhari as also one Digamber. To the south of Parubais field, at some distance from it, is the land of one Shankar. The cultivation of this land was done by Shankar Kavitke by engaging the prosecution witness No. 1, Atmaram Lalge as an agricultural servant. Parubai and Ganpat have two sons. One of them is the prosecution witness, Baban (P. W. 6 ). The other son Nivruti lives at Walchandnagar, District Satara where he is employed. On 24th October, 1982, Ganpat went to his (that is his wife Parubais) land for attending to the irrigation thereof. Digambar Ghorpades land, that of Ganpat are at a lower level than that of the accused. All these lands are irrigated. A water channel runs by the east of all these three fields. On going to his field, Ganpat Machale who was about 65 years old found that the storage of water in his field had come to be affected by reason of a stone placed by the accused at the mouth of the channel in his own field. He, therefore, tried to lift that stone so as to allow water in his field. Upon this altercation occurred between him and the accused, Ganpat indulged in abusing the accused Malhari. Atmaram who was present nearby is said to have intervened and asked both these persons not to indulge in such quarrels. However, taking offence at the abuses hurled by Ganpat at him, the accused is said to have lifted the spade in his hand and hit Ganpat with it on his head. The blow was severe enough for the aged Ganpat to bring him down instantly and he fell down into the muddy field near the channel. Thereafter, Atmaram removed Ganpat to his house. Ganpats wife Parubai was at home at that time.

(3.) ARRANGEMENT was made to take Ganpat for medical aid at the Primary Health Centre at Nimgaon Ketaki. At Nimgaon, the advice given was to shift Ganpat immediately for better medical treatment. He could have been taken to the Civil Hospital at Pune. However, since Ganpats son was employed at Walchandnagar where there was a hospital, it was decided to remove Ganpat to Walchandnagar. He was first taken to the house of his son Nivrutti. Before he could be taken to the hospital from Nivruttis house, Ganpat expired. It was, therefore, the dead body was taken from Walchandnagar to the Civil Hospital at Pune. Ganpat was thus not admitted there for any treatment being already dead.