ARVIND DAYARAM CHOURE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellants were charged under section 302 r/w section 34 of I. P. C. , for having committed the murder of Murlidhar s/o Suka Wasnik on 11-5-1994. The 2nd Additional Sessions Judge, Nagpur by its judgment and order dated 11-4-1997 in Sessions Trial No. 13/95, convicted both the appellants herein under section 302 r/w section 34 of I. P. C. , and sentenced them to suffer imprisonment for life. The appellants are challenging the said judgment and order passed by the 2nd Additional Sessions Judge, Nagpur in this appeal. FACTS

(2.) IT is the case of the prosecution that the appellants-accused Nos. 1 and 2 were residing at village Channa. The deceased Murlidhar s/o Suke Wasnik was residing in the house adjoining to the house of the accused. It is the case of the prosecution that the appellant No. 1 Arvind Choure, suspected that Murlidhar Wasnik had performed black magic on him and as a result of which, appellant No. 1-Arvind Choure had fallen ill and had become very serious and had to be admitted in the hospital. The case of the prosecution on is that after having recovered from the said illness, appellant No. 1-Arvind and his father Dayaram appellant No. 2 bore a grudge against the deceased Murlidhar Wasnik and therefore on 11-5-1994 at about 10. 00 p. m. in the night, they went to the house of the deceased-Murlidhar Wasnik and assaulted him with a knife, as a result of which he died on the spot, this fact was informed to the Police Patil by the wife of the deceased-Murlidhar Wasnik, who stayed with the deceased at their house. On the next day i. e. 12-5-1994, he went to the house of Vishwanath Dhurve who in turn lodged a report in the Police Station and an offence was registered vide Crime No. 28/94 under section 302 r/w section 34 of I. P. C. , against the accused and investigation was initiated by the Police and it is the case of the prosecution that during the investigation the house of the accused was searched by the Investigating Officer and during this search the Investigating Officer seized weapon which was used in the assault namely, one gupti and also the clothes which were borne by the appellant No. 1 Arvind, which were having blood stains. The panchanama was made in the presence of two independent panchas, in respect of the seizure of the knife and the clothes. The Investigating Officer also recorded the statement of number of eye-witnesses, who had seen the said incident, and on the basis of the said evidence, a charge-sheet was filed against the accused. In the Sessions Court, charge was framed under section 302 r/w section 34 of I. P. C. The appellants/accused, however, pleaded not guilty to the said charge.

(3.) IN the trial Court the prosecution adduced evidence and examined in all 8 witnesses, out of the 8 witnesses which were examined, 4 witnesses were examined as eye-witnesses namely, P. W. 3 Rama Shende, P. W. 4 Mrs. Satawabai Meshram, P. W. 6 Smt. Umabai Wasnik. The prosecution also examined the Doctor P. W. 5 Dr. Narhari Kawle. The trial Court on the basis of the evidence adduced by the prosecution, convicted the appellants under section 302 r/w section 34 I. P. C.