BALI SITARAM KAMBLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant - original accused No.1 has preferred this appeal against the judgement and order dated 1.4.2008 passed by the learned Additional Sessions Judge, Sangli in Sessions Case No.145 of 2006. By the said judgment and order, the Sessions Judge convicted the appellant under section 302 and section 324 of the Indian Penal Code. For the offence u/s 302 of the IPC, the appellant was sentenced to imprisonment for life and fine of Rs.5,000/ -, in default R.I. for one year. For the offence under section 324 of the IPC, the appellant was sentenced to R.I. for one year.

(2.) THE prosecution case briefly stated is as under: The first informant Bhimrao was residing alongwith his wife Chaya, his parents, his children and his nephew PW7 Sandeep at Hingangaon Khurd, Taluka Kadegaon, District Sangli. Sayaji and Arjun (deceased) were the brothers of PW4 Bhimrao. They were residing in the same village but separately from Bhimrao. The appellant, original accused No.1 Balu and original accused No.2 Sitaram Kamble were also residing in the same village. Both the accused were on inimical terms with the family of Bhimrao and a criminal case had been filed by PW4 against the appellant about one year prior to the incident. Due to this, the appellant Balu was angry with Bhimrao and his family. The incident occurred on 8.3.2006 at about 8pm. At that time, PW4 Bhimrao was informed that the appellant - original accused No.2 Sitaram was abusing Arjun (deceased) and PW7 Sandip. Hence, PW4 Bhimrao went to the spot. He saw the appellant having an axe in his hand. The appellant gave axe blows on the back of the head of Arjun. PW7 Sandeep was also assaulted by the appellant with the axe. Thereafter, both the accused ran away from the spot. Arjun was taken to the hospital. Sandeep was also referred to the hospital. PW4 Bhimrao lodged FIR. Arjun expired at about 1.45am in the hospital. PW12 Dr.Attar examined Sandeep and on examination of Sandeep, Dr.Attar found sutured CLW of 3 cms X 1 cm on left frontal region. Dead body of Arjun was sent for postmortem. PW8 Dr.Trimbake performed postmortem on the dead body of Arjun. On external examination, she found following external wounds on the person of Arjun which are as under:

(3.) CHARGE came to be framed against the appellant - original accused No.1 and Sitaram - original accused No.2 u/s 302 r/w section 34 of the IPC for causing death of Arjun and under section 324 r/w section 34 for causing injury to PW7 Sandeep. Both the accused pleaded not guilty to the said charge and claimed to be tried. The defence is that of total denial and false implication. The further defence of the appellant is that the incident took place during a sudden quarrel and while exercising the right of private defence. After going through the evidence adduced in this case, the learned Sessions Judge acquitted the original accused No.2 Sitaram of the offences charged. However, he convicted and sentenced the appellant as stated in para 1 above, hence, this appeal.