SURESH PANDURANG TIDKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant has been convicted of the offence punishable under Section 302 of the Indian Penal Code and has been sentenced to suffer imprisonment for life and to pay a fine of rupees one thousand in default to suffer rigorous imprisonment for six months. The appellant was tried by the learned Additional Sessions Judge, Khamgaon along with five others. The appellant was accused No. 1 in Sessions Trial No. 19 of 2000. The appellant and original accused Nos. 2 to 6 were tried for the offences punishable under Sections 143, 147, 148, 323 read with Section 149 and 302 read with Section 149 of the Indian Penal Code. At the conclusion of trial, all the accused, except the appellant, were acquitted of all the charges framed against them. The appellant was also acquitted of rest of the charges except the offence punishable under Section 302 of the Indian Penal Code. Complainant Yashwant Ganuji Tidke was residing at village Shahapur, Tahsil : Khamgaon, District : Buldana. Pandurang Tidke was brother of the complainant. The complainant had three sons. His brother had four sons i.e. appellant and original accused Nos. 2 to 4. Accused No. 5 was mother of the appellant and accused Nos. 2 to 4. Original accused No. 6 was wife of original accused No. 4. The complainant and family members of his brother were staying in the same locality of the village. Both the family members had agricultural land. There was a dispute over water canal providing water to the field of the complainant and his brother. There used to frequent quarrels over the said issue.

(2.) Mr. Ashok, son of the complainant, had on 26th December, 1999, tried to take water from the said canal. The appellant and other accused did not permit him to do so and there was a dispute on the said issue. It is alleged that on 26th December, 1999 at about 6.00 p.m., the appellant and accused No. 4 Ramesh had come to the house of the complainant and had quarreled with the deceased on the ground that deceased Subhash, son of the complainant, had caused damage to the crop of the appellant and his family members. Deceased Subhash (hereinafter referred to as 'the deceased') tried to convince the appellant and his family members that there was no mistake on his part. However, the quarrel did not subside and there was alleged assault on the deceased, his brother Ashok and the complainant by the appellant and other accused. It is alleged that in the said assault the appellant had inflicted an axe blow on head of the deceased. Skull was broken and the deceased had sustained brain injury. The deceased was taken to Government Hospital, Khamgaon where he was declared dead. Injured Ashok was admitted to hospital for treatment. The complainant, father of the deceased and Ashok, rushed to the Police Station and lodged report. The police had registered first information report on the report made by the complainant. The spot of the incident was visited by the police. Inquest panchnama of the dead body was drawn. Statements of witnesses were also recorded. Weapons of assault were recovered during the course of investigation. Blood stained clothes of the injured witnesses and the deceased were seized. The seized articles were sent to Chemical Analyzer.

(3.) The Medical Officer had reported that the deceased had died due to shock due to injury to vital organ i.e. brain. After receipt of the post mortem report and the report from the Forensic Science Laboratory, chargesheet was filed in the Court of Magistrate. The learned Magistrate committed the case to the Court of Session for trial of the appellant and other accused according to law.