DEVIDAS DASHRATH KOTE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) IN regard to an incident that took place on 8th November, 1993, the victim Ashok Khadse was done to death by the appellant, the Second Additional Judge, Washim in the Sessions Trial No. 56 of 1994, by his judgment and order dated 5th March, 1999, convicted the appellant for the offence u/s. 302 of the INdian Penal Code and sentenced him to suffer imprisonment for life and to pay a fine of Rs. 1,000/- in default to undergo rigorous imprisonment for three months. IN this appeal, the appellant has challenged the said judgment and order of conviction and sentence.

(2.) PROSECUTION case, in brief, is that victim Ashok was son of informant Madhao s/o. Suryabhan Khadse (P. W. 1) and cousin of one Sunita d/o. Datta Khadse (P. W. 13 ). Witness Sunita had clandestine love affair with appellant Devidas Kote. It appears from the record that the appellant did not marry with Sunita, though the latter conceived from appellant Devidas. Consequently, Sunita lodged complaint to the police station and on the basis of that complaint, appellant Devidas came to be tried for the offence of committing rape on her. In that case, deceased Ashok had stood by the site of witness Sunita. Due to that, appellant Devidas had grudge against deceased Ashok. On the day of incident, in the morning, deceased Ashok had gone to gaothan taking cattle. After sometime, one Uttam (P. W. 17) and Chandramani (P. W. 6) informed father of Ashok namely Madhav (P. W. 1) that his son Ashok was being assaulted by appellant Devidas by means of a sword and that, Ashok was lying near the house of one Namdeo Nande (P. W. 10 ). Madhav immediately rushed to the spot and there, he saw his son lying on the ground in injured condition having sustained bleeding injuries and appellant Devidas standing there armed with blood stained sword in front of the house of Namdeo. It so happened that the appellant rushed towards Madhav and due to fear, Madhav went inside the house of one Lahanu and closed the door. He, thereafter, concealed himself in his house. Appellant Devidas followed him and asked him to come out of the house by giving threats to kill him. After sometime, police arrived and the complainant Madhav, accompanied by police, went to the place where his son Ashok was lying. P. S. I. Chowdhary, who had arrived there, recorded the complaint of Madhav vide Exh. 80 which was lodged to police station, Asegaon and the offence was registered vide crime no. 82 of 93.

(3.) BEFORE the Sessions Judge, to the charge, the appellant pleaded not guilty and claimed to be tried. At the trial, prosecution examined in all eighteen witnesses including father of deceased-Madhav s/o. Suryabhan Khadse (P. W. 1), Chandramani s/o. Chintaman Khadse (P. W. 6), Dr. Kisan Rathod (P. W. 5), Pandurang Khadse (P. W. 2), Bhimrao Lekurwale (P. W. 7) who was claimed by the prosecution as an eye witness, Milind Ingole (P. W. 9), Namdeo Nande (P. W. 10), Maroti Nande (P. W. 11), Nilkanthrao Nande (P. W. 12), Shantabai Nande (P. W. 14), Police Head Constable Dinanath (P. W. 15) and investigating officer P. I. Chowdhary (P. W. 17 ). The learned Sessions Judge, after completing recording of the evidence, examined the accused u/s. 313 of the Code of Criminal Procedure. The accused denied emphatically the circumstances. He did not lead any defence evidence nor he offered any explanation as to finding of human blood on his clothes. The learned Sessions Judge, accepting the evidence of Madhav and Sunita, coupled with the evidence of witness Chandramani, though he was declared hostile and medical evidence, found that the appellant committed murder of Ashok and consequently, the appellant came to be convicted and sentenced as stated earlier.