SHALIK MAROTI KOWE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant was tried for murder of Deorao Bawane, attempt to murder Nagorao Bawane and for voluntarily causing hurt to Soma Bawane, under sections 302, 307 and 324 of the Indian Penal Code respectively. The learned Additional Sessions Judge, Yavatmal vide judgment dated 23-6-1997, found the appellant guilty of murder of Deorao Bawane under section 302 of the Indian Penal Code and sentenced the appellant to undergo rigorous imprisonment for life and to pay fine of Rs. 1000/- in default R. I. for 6 months. He also found the appellant guilty for voluntarily causing hurt to Nagorao Bawane and Soma Bawane under section 324 of the Indian Penal Code and sentenced the appellant to undergo R. I. for one year. The substantive sentences have been ordered to run concurrently. The benefit of set off under section 428 of Cri. P. C. has been given to the appellant. The appellant challenges his conviction and sentence in this appeal.

(2.) THE prosecution case, in brief, is that on 24-8-1996 at about 8. 00 p. m. there was a quarrel between the appellant and Soma Bawane since the appellant is said to have committed theft of illicit liquor prepared by Soma Bawane and in the said quarrel the appellant had assaulted Soma Bawane. Soma Bawane along with his brothers Deorao and Nagorao as also one Vitthal, went to the Sarpanch Ramesh Puppalwar and informed him of the incident, who had advised them to lodge a report with the police. All of them came out of the house of the Sarpanch Ramesh Puppalwar and the sarpanch also came after them. The appellant assaulted Deorao with a knife on his chest, as a result of which, he died. Thereafter, the appellant, at the same time, is said to have assaulted Nagorao and Soma by knife causing injuries to them. The appellant had assaulted Nagorao in his abdomen region as a result his intestine came out. While the appellant was trying to inflict knife blow to Soma, he warded off the same as a result he received injuries on the hand. Accused was seen running away with the knife in his hand towards the river. Besides, P. W. 2 Ramlu, the prosecution had examined sarpanch Ramesh Puppalwar as P. W. 1 Nagorao (P. W. 3), Soma (P. W. 5) besides other witnesses. The knife was attached at the instance of the appellant under section 27 of the Evidence Act upon which human blood was found as per the report of Chemical Analyser. The trial Court accepted the evidence of the said witnesses and discarded the defence theory of self defence. The trial Court also rejected the submissions made on behalf of the appellant that the offence fell under section 304-II of the Indian Penal Code.

(3.) THE learned Advocate Mr. M. R. Daga, argued on behalf of the appellant and Shri Loney, learned A. P. P. on behalf of the State.