LAWS(BOM)-2022-2-2

MARUTI NATHYABO GOPHANE Vs. STATE OF MAHARASHTRA

Decided On February 01, 2022
Maruti Nathyabo Gophane Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Being aggrieved by the judgment and order passed by the learned Additional Sessions Judge, Baramati, in Sessions Case No. 23/1996, dtd. 13/11/1997, whereby Appellant herein (Original Accused) who was convicted for the offence punishable under Sec. 302 of the Indian Penal Code (for short "IPC "), and sentenced to suffer imprisonment for life and also to pay fine of Rs.1,000.00 in default to suffer further R.I. for one year, preferred the present Appeal.

(2.) The case of prosecution, in brief, can be summarized as under:

(3.) Accordingly, deceased proceeded towards the cattle shed of accused. Then there was heated exchange of words between accused and deceased. Accused who was carrying weapon knife gave two blows on the right and left thighs of the deceased. Due to knife blows, deceased shouted 'melo' 'melo'. On hearing hue and cry of deceased, Shantabai, Vidya and Chaya rushed to the spot and found that deceased got injured and lying. One of the relatives namely, Bapu Chaudhar (PW 3) who was residing nearby the house of Sukhdeo reached the cattle shed on hearing hue and cry of Shantabai and her daughters. Then Shantabai told Bapu about the incident. Bapu made an attempt to caught-hold the accused by chasing him but, the accused who was carrying knife in his hand by giving threats of life fled away from the spot. Then Bapu returned back to the spot of incident. Meantime, some neighbourers and other villagers also gathered on the spot. Sukhdeo was carried to the ota of one Dashrath Buva Chaudhar. A jeep was arranged so as to shift Sukhdeo to hospital. Sukhdeo was taken to a private hospital namely, Silver Jubilee Hospital, Baramati. Dr. Mahadeo Swami (PW 7), who was attached to the said hospital at the relevant time admitted Sukhdeo in the hospital. Dr. Swami found that Sukhdeo had suffered stab injuries on his right and left thighs and was unconscious, forwarded an information about the admission of Sukhdeo to police station. On receipt of information, PI attached to Baramati Police Station deputed PI Pradeep Chavan (PW 8) to visit hospital and to take stock of situation. On reaching Silver Jubilee Hospital PI Chavan (PW 8) found that Sukhdeo was unconscious and as such, he was unable to record the statement but he recorded the statement of Shantabai (PW 1). The said statement of Shantabi was forwarded to police station and the said statement of Shantabai was treated as first information report.