VISHNU JAGGANATH GUND Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Original accused - present appellant takes exception to challenge his conviction for the offence punishable under Ss. 302 and 326 of the Indian Penal Code by the learned Additional Sessions Judge, Beed in Sessions Case No. 11 of 2017 on 25/2/2019. Appellant has been charged for committing murder of one Raosaheb Bhau Dukare and causing voluntary grievous hurt to witness Ashok Vishwanath Dhavan.

(2.) The law has been set into motion by PW-2 Vijay Raosaheb Dukare - son of the deceased Raosaheb, by filing First Information Report (for short "the FIR") on 9/10/2016 with Ashti Police Station, District-Beed vide Crime No. 245 of 2016. At that time, it was for the offence punishable under Ss. 302, 323 read with Sec. 34 of the Indian Penal Code. In the FIR, as per the prosecution story, it was contended that deceased was residing with his wife and three sons. His daughter was married and was residing at her matrimonial home. The sons were also married. Two to three months prior to the FIR, the family of the deceased had decided to open a hotel and therefore, by giving earnest amount of Rs.1,20,000.00 to one Vishal Kaswa, took his place but they had not executed any document. The sale deed was to be executed on the basis of said oral agreement to sell by giving remaining amount of Rs.1,30,000.00 at the time of Diwali. However, with the consent of the land owner, family of Raosaheb had started construction of the hotel. The construction material was placed at the site and therefore, Raosaheb used to go to the said place for guarding, at night time. Two days prior to the incident, accused - appellant had demanded amount from Raosaheb on credit and in the Chowk he had abused and assaulted Raosaheb. The said quarrel was then separated by the informant and his brothers. On the earlier night of the FIR, around 8.00 p.m. the accused had again met Raosaheb in the Chowk and demanded amount for consuming liquor. Raosaheb refused and therefore, again the accused had assaulted and abused Raosaheb. That quarrel was separated by the cousin brother of the informant.

(3.) It is the further prosecution story that informant had received a phone call from one Ramesh Ramu Pachrud at 5.00 a.m. on 9/10/2016 stating that when he was passing from the road in front of the proposed hotel, he heard cries of Raosaheb. Thereupon the informant went to the said place. He had called his cousin brother Deepak at the said place. Informant again went and brought vehicle of his friend. He put Raosaheb in the vehicle and asked him as to what had happened. At that time, Raosaheb told him that he was assaulted by the present appellant, Ashok Dhawan and two to three other persons. After Raosaheb was brought to Government Hospital, Ashti, first aid was given and he was asked to be taken to Ahmednagar. However, when the vehicle was in front of Pandit school, Raosaheb expired and therefore, the vehicle was again taken to Government Hospital, Ashti, where, upon examination Raosaheb was declared dead. Thereafter the FIR was registered.