SAMADHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants alongwith their father were tried for the murder of Sunil Uddhaorao Lokhande under section 302 read with section 34 of Indian Penal Code . They were also tried for causing simple hurt to Sunita Uddhaorao Lokhande under section 324 read with section 34 of I.P.C.. In support of the charges the prosecution had examined 13 witnesses which included four eye- witnesses namely: P.W. 1- Pramila mother of deceased Sunil, P.W. 2- Kavita and P.W. 3- Sunita - both sisters of the deceased and P.W. 4- Ashok. Three panch witnesses were examined namely P.W. 6- Nandakumar, P.W. 7- Pandurang and P.W. 8-Shivcharan. Besides- that two Doctors were examined who are P.W. 5 in respect of the injuries to Kavita and Sunita and Doctor - Shamsundar - P.W. 13 who conducted postmortem on the dead body of the deceased. The other witnesses examined namely P.W. 9 to 12 are the Police Officers. The trial court has accepted the evidence of the eye-witnesses and by an elaborate judgment held the appellants guilty for murder under section 302 read with section 34 of I.P.C. and sentenced them to undergo imprisonment for life and fine of Rs. 1,000/- each, in default R.I. for three months. The appellant Bhimrao was also convicted under sections 324 of I.P.C. and was sentenced to suffer R.I. for 3 months. Co-accused Punaji - father of the accused was acquitted for all the charges and the appellant Samadhan was acquitted of the charge under section 324 read with section 34 of I.P.C.. The period during which the appellants were in custody were set off under section 428 Criminal Procedure Code. The appellants challenge their conviction and sentence in this appeal.

(2.) The prosecution case, in brief, is that on 6-5-1998 there was function of marriage of the daughter of Shamrao Khandare in the village Dahigaon Gawade. The appellants and the deceased lived in the said village. The marriage function was delayed and Pramila (P.W. 1) who is mother of the deceased alongwith her daughters returned home, but later they went to attend marriage and returned back. At about 12.15 to 12.30 p.m. Pramila went to answer call of nature. While returning to her house, she had to pass from in front of the house of the appellant - Samadhan. At that time she saw appellants and their father as also her son Sunil present in Osari (Varanda) of the house of Samadhan. The appellant Samadhan was making allegation against deceased Sunil that he was responsible for the raids and seizure of liquor belonging to them which was denied by the deceased Sunil and there was hot exchange of words. Pramila - P.W. 1, therefore, asked her son - Sunil to come home. While Sunil was coming out, the appellant Samadhan assaulted on the back of the Sunil with the axe. After the said injury was inflicted on Sunil, Sunil tried to run away, but he was assaulted by stick by co-accused Punaji, since acquitted. On account of this assault the deceased is reported to have fallen on the heap of dung manure at the short distance of 20-25 feet from the house of Samadhan. At this stage the appellant Bhimrao started assaulting the deceased with knife and caused him several incised and stab wounds on his person. Kavita - P.W. 2, sister of the deceased, came running to the spot after hearing the shouts and she tried to rescue her brother Sunil by holding knife of appellant Bhimrao and in the attempt, she suffered injuries on her left palm. Sunita P.W. 3, who is also sister of the deceased also came running after hearing the shouts. She tried to intervene by catching the appellant Bhimrao, but Bhimrao gave her tooth bite on her right knee. Ashok Kamble (P.W. 4), Ashok Bhagat as also other persons tried to separate. Subsequently, Sunil was taken to the General Hospital at Akola. Initially offence under section 307 read with section 34 of I.P.C. was registered. On reaching the General Hospital, Akola Sunil was declared dead and as such offence was converted under section 302 of I.P.C.. The Police conducted spot panchanama and seized blood mixed earth from Osari as also from the heap of manure. P.W. 2 Kavita and P.W. 3 Sunita were sent for medical examination. The blood stained clothes on the person of the appellants were seized at the time of their arrest. On 8-5-1998 blood stained knife was seized from the house of the appellant Bhimrao under section 27 of the Indian Evidence Act. Likewise on the basis of disclosure made by the appellant Samadhan blood stained axe was seized from his house. Police had also recovered blood stained stick on the disclosure made by co-accused Punaji from the house of the appellant Samadhan. There were also injuries on the person of the appellant Bhimrao and he was also sent for medical examination on 7-5-1998. Blood samples of the appellants were taken. The clothes of the deceased were seized, incriminating Muddemal Property was sent to the Chemical Analyser. After completing the investigation, the charge-sheet was filed and the appellants were tried.

(3.) The appellant - Samadhan has totally denied the prosecution and he had stated that he was not present at the time of incident in as much as he had been to his field. In case of appellant - Bhimrao the defence put forward to some of the witnesses was that it was in the course of scuffle the deceased Sunil was hit by his own knife which he had taken out for assaulting Bhimrao.