SUDHIR SURESH KAMBLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant herein was convicted of the oilence under Section 302, IPC and sentenced to RI for life plus Rs. 2000 as fine and in default further RI for two years. He was also tried and convicted for the offence under Section 4 read with Section 25 of the Arms Act and sentenced thereunder, to regorous imprisonment for six months and a fine of rs. 500, in default rigorous imprisonment for further two months. The accused, Sudbir Suresh Kamble, aged 22 years, is a resident of Bhimnagar zopadpatti, Mangalwar Peth, Pune. He was living in a hut like house in the said locality along with his wife and mother. The accused's house is in a by lane which runs off the north-south main road in the Zapadpatti. The deceased Vithal Kishan Dedge, also a youngman, lived in this very locality not at a very long distance from the accused's house. The deceased vithal's house was, however, abutting on the north-south main road. Quite close to the house of The deceased arc the houses of one Shrirang Madhav oval, whose wife Pushpa is an important witness for the prosecution. Almost adjoining the house of Pushpabai is the house of the deceased's sister, Smt. Sindhu Londhe upon whose complaint the offence in this case was registered by Farasbkhana Police Station of Pune. The houses of certain other witnesses-Vandana Bansode (PW-5), Suman Bidre (PW-6)and Leelavati Kangane (PW-7) are also situated in the vicinity of the house of the deceased. The prosecution case is that the accused was in the habit of bathing himself in the open, in front of his house. He used to ask bis wife to do the scrubbing of his body. He also used to, while so taking a bath, put his hand under his undergarment to scrub and wash his private parts, which sight used to cause considerable embarrassment by reason of the indecency involved in it. In particular it was the womenfolk in the locality who used to be so embarrassed. The accused being the only person in the locality, who indulged in bathing in the open in this manner, the deceased Vithal had on 2-3 occasions in the past taken exception to this way of the accused bathing himself. The accused had been scolded by the deceased. However, the accused used to be defiant His stock answer, whenever exception was so taken by the deceased, used to be a question. He used to ask the deceased as to why he was taking exception to the accused taking a bath in the open when none else in the locality objected.

(2.) ON 16th December, 1989 the deceased as also the accused were both at home in the evening. The deceased's sister Smt. Sindhu (PW-1)was also (at his house for viewing a Marathi film on the T. V. Smt. Sindhu's children were also at the deceased's house at that time. While the telecast was going on, the deceased went out of the house, wearing a banian, an underwear and a towel wrapped around his waist. Apparently he went out to answer a call of nature. At the same time Smt. Sindhu thought that it was time for her to return home to prepare the food for the evening meas. She also accordingly went home. Just as she was about to put some pots for cooking vegetable on the choola, she heard a commotion, quarreling in high-pitch and tones. According to the prosecution, smt. Sindhu witnessed the accused come upto her brother, Vithal, at a spot on the north-south main road, right in front of the house of the witnesses Pushpa (PW-2 ). She saw the accused whipping out a gupti (sheathed sword stick) and stabbing her brother Vithal in the abdomen. Smt. Sindhu rushed out towards the accused and the deceased, entreating the accused 10 give up the at tack. The accused merely pushed her aside and stabbed Vithal a second time, this blow in the chest. The accused was then taken back to his house by his old grandmother. According to the prosecution, this incident was also witnessed by Pushpa, Vandana and Suman. It is also the prosecution case that pressing on his abdomen and chest with his hands, Vithal then ran away in the direction of Shankar Temple. He was seen by the witness Suman running towards the temple and she asked him as to why he was running away. Vithal then told her also that he had been stabbed by the accused. The deceased went in the direction of the Shankar temple, upto the house of one Leelabai Kangane and thereafter upto the house of one Parvatibai Gole. He fell down in front of Smt. Gole's house. His sister Sindhu and the other women from the locality also went after him and it was from that spot that he was then carried by Smt. Sindhu in an auto-rickshaw to the Sassoon Hospital. He was declared dead already, on arrival.

(3.) INFORMATION about this incident was received by Police Inspector pandurang Ingale (PW-8) who then rushed to the hospital. It was there only that he recorded Smr. Sindhu's complaint (Exhibit 12) to register the offence under Section 302 of the Indian Penal Code against the accused.