PUNDIK KONDABA GOPALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellants and their son Pradeep Pundalik Gopale were tried for murder of one Vasanta Kisanaji Hendawe, r/o. village Gokulsara which comes under Police Station, Mangrul Dastagir for the offence under section 302 of the Indian Penal Code before the Additional Sessions Judge, amravati in Sessions Trial No. 96/96. At the trial, the prosecution examined in all nine witnesses. The learned Sessions Judge passed the judgment and order dated 3/07/1999 convicting appellant No. 1 Pundalik for; the offence under section 302 of the Indian Penal Code and sentenced him to suffer imprisonment for life and to pay a fine of Rs. 500/- in default to suffer rigorous imprisonment for six months. Appellant No. 2 and original'accused Pradeep were acquitted of the offence punishable under section 302 of Indian Penal code. However, appellant No. 2 Suman Pundlik Gopale was convicted for the offence under section 326 of Indian Penal Code and sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs. 500/- in default to undergo rigorous imprisonment for three months. The appellants have challenged in this appeal the judgment of conviction and sentence passed against them.

(2.) THE incident which gave rise to this prosecution against the appellants, took place on 9-5-1996 in front of house of appellants and deceased Vasanta. At the time of occurrence, at about 12. 00 noon, deceased Vasanta was stacking dry stems of cotton near his residential house. His wife Kantabai (P. W. 2)and son Jayant (P. W. 3) were helping him. When their work of stacking the stems was going on, appellant No. 1 and his son (original accused No. 2)arrived there in a bullock cart which was also loaded with dry cotton stems. The accused released bullocks from the cart and came to the place where deceased was stacking the stems of cotton crop. It is alleged that both of them objected the deceased for stacking the stems of cotton crop. Then there ensued hurling of abuses between them and the deceased/appellant No. 1 gave a call to his wife i. e. appellant No. 2 and asked her to bring an axe. It is alleged that original accused No. 2 was armed with stick. When their quarrel was going on, Namdeo (P. W. 1), who happens to be Police Patil of village Gokulsara, intervened and tried to pacify appellant No. 1 and the deceased and then, he proceeded further. But after he left the place and when appellant No. 2 brought axe and gave it to appellant No. 1, appellant No. 1 at once gave a blow by the axe by its blunt end on head of the deceased and inflicted a severe bleeding injury on his head, as a result of which the deceased collapsed and fell down in Gutter, which was by the side of heap of cotton stems. He immediately succumbed to the head injury.

(3.) LATER on, police Patil Namdeo Arguje when came to know about death of deceased Vasanta, went to the Police Station, Mangrul Dastagir and lodged report Exh. P-9. On the basis of the report, offence was registered under section 302 of Indian Penal Code against appellant No. 1 by P. S. I. Tayde (P. W. 9) who was then P. S. O. attached to Police Station, Mangrul Dastagir. He then proceeded to the place of incident and found dead body of Vasanta lying near the Gutter. He prepared spot panchamama (Exh. P-12) and sent the dead body to P. H. C. Dhamangaon Railway for autopsy. The accused were arrested. When p. S. I. Tayade returned to the Police Station, he found that appellant No. 1 had appeared in the Police Station of his own and he also produced one axe which he carried with him. P. S. I. Tayade arrested appellant No. 1 by making arrest panchanama (Exh. P-26) in presence of panch witnesses Sheikh Jabbar Sheikh abdul (P. W. 7) and Devanand Borkute (P. W. 8 ). The axe (article No. 6) pro-duced by appellant No. 1 that time came to be seized under seizure memo (Exh. P-23 ). It was noticed that there were stains of blood on blunt end of the axe. On the same day, one baniyan of appellant No. 1, on which there were stains of blood, was seized under seizure memo (Exh. P-25 ).