UKANDA JANKIRAM GIRHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellants were tried for the offence under Section 302 of the Indian Penal Code for committing murder of one Tulshiram Ananda Karwate. THE Additional Sessions Judge, Washim in Sessions Trial No. 75 of 1996 vide judgment and order passed on 22nd April, 1999 convicted both the appellants for offence under Section 302 read with Section 34 of the Indian Penal Code and sentenced them to suffer R. I. for life. This judgment of conviction and sentence is under challenge before us in this appeal.

(2.) THE incident which gave rise to the prosecution against the appellants took place on 23rd April, 1996 at about 1:30 p. m. at village Kuttardoh within the jurisdiction of Police Station Jaulka. Both the appellants along with one Dashrath (PW-2) had been to the river to catch fish. THEre the victim deceased Tulshiram arrived and there was some altercation between Tulshiram and both the accused and in that both the appellants were saying that they are Muslim by caste while the deceased Tulshiram was reiterating that they are not Muslim but Adivasi. Though the altercations between them arose on that flimsy ground, both the appellants took the deceased to some distance and there assaulted him and also strangulated him by tying a strip of cloth which is popularly known as "shela" around his neck and thereby Tulashiram was done to death. Dashrath (PW-2) went to the Police Patil Tukaram Lokhande (PW-1) and narrated him the incident that took place in which Tulshiram was done to death. Tukaram Lokhande, after receiving this information from Dashrath, visited the place of occurrence to ascertain the facts narrated by Dashrath (PW-2) and there he saw the dead body of Tulshiram was lying having multiple injuries. He immediately informed Police Station Officer, Police Station, Jaulka, Rajendra Manware (PW-3) who was then Police Station Officer on receiving the report of Police Patil Tukaram, drew the First Information Report vide Exh. 25 and offence was registered. He visited the place of occurrence and there seized the clothes of the deceased under Seizure Memo (Exh. 26 ). THE accused were arrested. On 25-04-1996, he seized the clothes from the accused under Seizure Memo (Exhs. 27,28 and 29 ). On 26-04-1996, he seized pant of appellant Ukanda vide Seizure Memo (Exh. 30 ).

(3.) BEFORE the Additional Sessions Judge, the accused stood charged for offence under Section 302 of the Indian Penal Code read with Section 34 of the Indian Penal Code. He pleaded not guilty to the charge. He also claimed to be tried. At the trial, the prosecution examined in all three witnesses including Tukaram Lokhande (PW-1) who was Police Patil and who on getting information from witness Dashrath (PW-2), lodged report in the Police Station, Dashrath (PW-2) who claimed to be the eye witness to the incident and the Investigating Officer A. P. I. Rajendra Manware (PW-3 ). It is pertinent to note at this stage that both the appellants were examined under Section 313 of Cr. P. C. after the prosecution closed its evidence and incriminating circumstances comprising of seizure of clothes and finding of blood on the clothes as detected by the Chemical Analyser in Report (Exh. 31) were put to the appellants. But, the appellants, so far as seizure is concerned, falsely denied the same. As regards the finding of blood on their clothes, the appellants did not give any explanation. The learned Additional Session Judge, Washim, considering the evidence and the material placed on record by the prosecution, reached the conclusion that the appellants committed murder of victim Tulshiram and accordingly both the appellants were convicted and sentenced for the offence under Section 302 read with Section 34 of the Indian Penal Code, as stated above.