SHIVA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant Shiva Tarsing Chitte is hereby questioning the judgment and order of conviction passed by the learned Additional Sessions Judge, Shahada, Dist. Nandurbar in Sessions Case No.40 of 2013 dtd. 17/8/2016, by which he is held guilty for commission of offence under Sec. 302 of the Indian Penal Code (IPC) and sentenced to suffer imprisonment for life.

(2.) Nephew of deceased Yuvraj Kuwar namely Machhindra has performed love marriage with daughter of accused. Accused Shiva had opposed said affair and marriage and since then he was harbouring animus with deceased and his entire family. On 27/3/2013, in the early morning, when deceased had been for answering call of nature, it is the case of prosecution that, accused followed him and he stabbed him in stomach and fled. Shortly, after being shifted to hospital, Yuvraj succumbed to injury and hence, son of deceased, PW1 Shrawan approached Shahada Police Station and lodged report that on query, his injured father informed that he was assaulted by accused. He reported occurrence to Police, on the basis of which, crime was registered by PW9 Vinod Patil (API).

(3.) According to learned Counsel for the appellant, there is no direct evidence and FIR is only because of annoyance and previous quarrel. He emphasized that though informant claims that there was oral dying declaration, it is pointed out that it is not possible with such injury that deceased would name accused. He invited our attention to the evidence of PW3 Prakash Kuwar, other brother of informant and would submit that though this witness claims to be an eye witness, the manner of his evidence clearly shows that he was not direct eye witness for the reason that he did not intervene to rescue his own father and he kept himself hiding and even he did not report the occurrence to his own mother and brother and his statement is rather recorded after three days. Therefore, such unnatural conduct disentitles his testimony from consideration. He further pointed out that PW7 Latabai, wife of deceased has also reached spot after alleged occurrence but her evidence does not support informant. Consequently, it is his submission that there is no direct evidence as claimed by prosecution.