SITARAM VISHNU CHALKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant-original accused has challenged the order of conviction and sentence dated 22/12/1989, passed by the IIIrd Additional Sessions Judge, Satara, in Sessions Case No. 144 of 1989, holding him guilty for the offence of murder punishable under S. 302, IPC and sentencing him to suffer imprisonment for life and to pay a fine of Rs. 1,000/- in default to suffer R. I. for two years.

(2.) THE deceased involved in the case was one Vishnu Chalke the father of the present appellant-accused. P. W. No. 4 Housabai is the mother of the accused. Dattaram is a younger brother of the accused. P. W. 8 Anantabai is the wife of the elder brother. The deceased Vishnu along with his family members was residing at Chalkewadi, district Satara. The deceased was addicted to liquor and it is alleged that the quarrels used to be ensued between the family members inter se on this. The incident in question is alleged to have taken place on 6/05/1989 at 10 p. m. at the house of the deceased. It is alleged that deceased Vishnu returned to the house on that night in a drunken state and started quarrelling with Housabai P. W. 4. The accused is the younger brother of Dattaram and P. W. 8 Anantabai were also present at that time in the house. The appellant-accused got enraged because of the quarrel between the deceased, Vishnu and his wife Housabai and he noticed that deceased Vishnu was on the point of attacking his wife with an axe in his hand. The accused then picked up a scythe (Article 7) from the cattle shed and inflicted blows with it from back at the neck and head of his father Vishnu, who was sitting by the side of the fire place. The blows proved fatal and deceased Vishnu died instantaneously. P. W. 5 Ramchandra Chalke was working along with the deceased as a labourer on the construction of a Dam and on the next day morning, the witness reached the house of the deceased so as to enquire as to whether the deceased Vishnu was willing to give him company for the work. P. W. No. 5 Ramchandra then came to know about the death of Vishnu and he himself noted the dead body lying in the pool of blood in the kitchen-room, of the house, P. W. 5 Ramchandra then rushed to P. W. 6 Jotiram, the brother of deceased Vishnu. On receiving the information of the death of Vishnu, P. W. 6 Jotiram then narrated the incident to P. W. 7 Shankar Chalke (Kotwal ). Both of them started proceeding towards the Police Patil of the village and on their way they met the accused near the water reservoir, and on making the query, P. W. 6 Jotiram received the confession from the accused, and he rushed to Village Kotwal P. W. 7 and contacted Chalkewadi Police Station at Satara and lodged his FIR, Exh. 28 which came to be recorded by P. W. 9 Pandurang Barge, an investigating officer. The Police Patil then reached the village on 6/05/1989 at about 12 noon and the inquest Exh. 10 and the panchanama of the scene of offence Exhibit-23 in the presence of two panchas including P. W. 3 Changu Chalke were made and various articles came to be attached. The dead body of Vishnu was sent for post mortem examination and the accused came to be arrested under the panchanama Exhibit 19. The clothes from the person of the accused were then attached and they were found stained with blood. On 7-5-1989, the accused while in police custody made a voluntary statement that he shall produce Scythe kept concealed in his house, and the memorandum panchanama, Exhibit-20 of the discovery statement in respect of Scythe was made in the presence of two panchas including P. W. 2 Ramchandra Chalke. The accused then led the panchas and the police to the kitchen room and discovered the article 7 and it was attached under a panchanama Exhibit-21. All these articles were then sent to Chemical Analyser for examination and the reports Exhibits 12 and 13 were duly received. On completion of the other necessary investigations, the accused came to be charge-sheeted of the alleged offence of murder and he ultimately stood his trial in Sessions Case No. 144 of 1989.

(3.) THE accused pleaded not guilty to the charge and claimed to be tried and his defence was of a complete denial.