BHIMRAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present appeal has been filed by the original accused challenging his conviction by learned Additional Sessions Judge, Kandhar, Link Court, Mukhed, Dist. Nanded in Sessions Case No.11 of 2014 on 4/8/2016 after holding him guilty of committing offence punishable under Sec. 302 of Indian Penal Code. Deceased Bhaurao Bapunath Shinde was aged around 25 years resident of village Betmogra, Tq. Mukhed, Dist. Nanded. He belong to Gosavi community, who depend on begging (Bhikshuki) for the livelihood. He was residing with his parents. He has brother Uttam (P.W.1) and brother Tukaram. Many persons from his community were residing in Betmogra. Informant P.W.1 Uttam lodged FIR on 8/2/2014 to Police Station Mukhed contending that he himself, Tukaram and Bhaurao are residing separately in the same village. They have four sisters, who are married. He himself, his brothers and father had gone to Mukramabad on 7/2/2014 and returned around 4.00 p.m., after collecting Bhiksha. There was dispute between one Dharmanna Laxman Chavan and Tanaji Taterao Shinde around 10.30 to 11.00 p.m. The said dispute was separated/settled by Uttam and Bhaurao. On the next day i.e. 8/2/2014, in the morning, Bhaurao, his brother-in-law Bapunath Siddhu Shegar and one Shivnath Khandu Chavan had gone to take tea on the hotel of one Arun Patil. Uttam had also gone behind them for taking tea. It was around 10.00 a.m., at that time, present appellant - Bhimrao Tatenath Shinde went to the said hotel and started saying it to Bhaurao as to why he has taken the side of Dharmanna in the earlier night, he would then be killed. Accused took out one wooden log meant as firewood and gave blow of the same on the head of Bhaurao. As a result of said blow, Bhaurao sustained severe injury to his head and he became unconscious. After seeing him getting unconscious, accused fled away from the spot. The persons who were present at the hotel had seen the incident. Blood was oozing out of the injury of Bhaurao and he was not talking anything. Informant, Bhaurao's wife and other persons took him to Government Hospital, Mukhed, but since he was serious he was referred to Government Hospital, Nanded after giving preliminary treatment. When Bhaurao was still undergoing treatment, P.W.1 Uttam lodged report with the police station. On the basis of it, offence vide Crime No.14 of 2014 came to be registered under Sec. 307 of Indian Penal Code and investigation was undertaken.

(2.) Panchanama of the spot was got executed and statements of the witnesses were also recorded. Later on while undergoing treatment, Bhaurao expired on 11/2/2014 at about 21.50 hours. Thereafter, Sec. 302 of Indian Penal Code came to be added. The fact was informed to Vazirabad Police Station, Nanded. Thereafter, the inquest panchanama was carried out and the dead body was sent for postmortem. After the postmortem was executed, the dead body was handed over to the relatives. Supplementary statements as well as statements of witnesses under Sec. 161 of the Code of Criminal Procedure as well as under Sec. 164 of the Code of Criminal Procedure by learned Special Judicial Magistrate came to be recorded. While in custody, the clothes of the accused came to be seized by executing seizure panchanama on 11/2/2014 and also the wooden log which was allegedly used as a weapon of murder, under memorandum panchanama, under Sec. 27 of the Indian Evidence Act. The seized Articles were sent for chemical analysis and after the completion of investigation, charge-sheet came to be filed.

(3.) After the committal of the case, trial was conducted. Prosecution has examined in all eleven witnesses to bring home the guilt of the accused. After considering the evidence on record and hearing both sides, the learned Trial Judge has held that the prosecution has proved the offence beyond reasonable doubt. The appellant has been sentenced to suffer imprisonment for life and to pay fine of Rs.1000.00, in default to suffer rigorous imprisonment for one month for the offence punishable under Sec. 302 of Indian Penal Code. Set off has been granted under Sec. 428 of the Code of Criminal Procedure. Hence, this appeal.