STATE OF MAHARASHTRA Vs. CHANDRABHAN MAHAGU BAWANKULE

JUDGEMENT

(1.) HEARD Shri Dhote, learned Additional Public Prosecutor for the appellant, and Shri Gupta, learned Counsel the respondent.

(2.) THE State has filed the instant appeal against the judgment and order dated 18-10-1989 passed by the Additional Sessions Judge, Nagpur in Sessions Trial No. 70/1996 whereby respondent is acquitted of the offence punishable under section 302 of Indian Penal Code.

(3.) THE prosecution case, in nutshell, is as follows:---The respondent and deceased Ramesh were the residents of village Banpuri and their agricultural fields were adjacent to each other. It is alleged that there was a quarrel between them for taking water from canal. The incident occurred on 6-12-1985. It is alleged that on that day deceased Ramesh was sitting at about 9. 30 p. m. to 10 p. m. on the flag post. P. W. 4 Doma and Raghoba came there and also sat on the platform of the flag post. After taking meal, people of the village normally used to assemble near the flag post for chitchatting. On the day of incident, deceased Ramesh also came and sat on that platform. At the distance of about 60-70 feet from that platform towards West, there was a shop of the respondent. In front of his shop, there was an electric pole having tubelight. At the relevant time, respondent came from the direction of shop and started abusing without naming any person. It is alleged that deceased Ramesh asked the respondent why he was abusing people. To that, respondent told him to keep quiet since he was not abusing him. It is the prosecution case that respondent provoked the deceased. The deceased went towards the respondent and respondent also came towards the deceased. They met near the house of Harishchandra Bawankule. There was a pole, but it had no bulb or tubelight. It is alleged that the respondent gave a blow of large knife on the chest of the deceased. The deceased at once fell down on the ground saying "melore Bapa". P. W. 4 Doma and Raghoba, who were present on the flag post, rushed towards him. They saw bleeding injury on the chest of deceased. The respondent fled away from the place with a knife. Deceased Ramesh succumbed to the injuries on the spot. The dead body was brought under a banyan tree. The father of the deceased came on the spot. The brother of the deceased also came there. Police Patil and Sarpanch were called. A report was scribed and forwarded to the Police Station with the brother of the deceased, namely, Ramchandra on the basis of which an offence was registered.