RAJENDRA SHANKARRAO GIRL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) AN order of conviction under Section 304 Part-I, I. P. C. and a sentence of rigorous imprisonment for five years and a fine of Rs. 5,000. 00, in default further rigorous imprisonment for five years is impugned in the present appeal. At the trial, the appellant-original accused was charged under Section 302 of the Indian Penal Code for having, on the 14th-of April 1986 at about 10. 00 p. m. on a public road connecting Nasik Yes and Bazzar Yes, near hotel Dayanand at Sinnar, committed the murder of Mininath Waluji Borade by stabbing him with a knife. On the evening of the date of incident P. W. 7 Vijay Madhavrao Deopurkar, the accused and two others had gone to Manish Bar. The three others had taken beer whereas the accused had consumed a quarter bottle of brandy. After finishing their drinks, the four came out. Two of them proceeded to see a picture whereas Vijay and the accused were returning to their respective houses. While they were proceeding on foot near Saraswati bridge they had Mughbhaji and Papad from a Farsan shop in front of Altaf Hotel. Thereafter they proceeded further and came near Dayanand Hotel. Accused suggested that they should have Malai Barfi Both entered Dayanand Hotel. P. W. 2 Devidas Dattatraya Cadekar and the deceased Mininath were present in the hotel. The accused and Vijay placed an order for being served Malai Barfi. The deceased Mininath was unable to serve Malai Barfi as the stock was exhausted. On this the accused got irritated. There was exchange of words. The situation flared U. P. The accused and Mininath started scuffling with each other. They started giving fist blows to each other. Mininath scratched the accused with his nails on his neck and face. He went and brought a rubber pipe and assaulted the accused with it. The accused, in turn, took out a knife and gave two stab blows to the deceased Mininath. After mounting the attack on the deceased the accused made good his escape. P. W. 8 Balu Vishnu Vaidya carried Mininath on a hand-cart to the Sinnar Municipal Dispensary where P. W. 5 Dr. Deepak Vishwanath Sonawane gave him first aid. Dr. Sonawane also treated the injuries on the person of the accused. The medical certificate in respect of the injuries found on the person of the deceased is at Exhibit-10 and the medical certificate in respect of injuries on the person of the accused is at Exhibit-12. The cause of death as found by Dr. Sonawane is reflected in the certificate which is at Exhibit-13. On the advise of Dr. Sonawane, Mininath was removed to the Civil Hospital at Nasik. While on the way he breathed his last. P. W. 6 Dr. Manohar Devram Nehate, a Medical Officer at the Civil Hospital, Nasik, performed the post mortem on the corpse of Mininath. The postmortem notes are at Exhibit 14.

(2.) INFORMATION regarding the incident was conveyed by P. W. 10 Krushna Ramdas Kshatriya to P. W. 1 Sainath Vithal Sadawarte, a Police Constable attached to the Sinnar Police Station. P. W. 1 Sainath Sadawarte, in turn, filed a complaint which is atexhibit-17. The investigation of the case was taken over by P. W. 12 Ramesh Vanaji Bangal, a Police Sub Inspector attached to the Sinnar Police Station. He arrested the accused vide arrest panchanama Exhibit-30. While in custody accused made a statement which is at Exhibit-28and led Panch witness P. W. 11 Dinkar Datingrao Patil and the police party to his house, removed a key hidden in the roof of the house, opened the lock of a cup-board and produced a blood-stained shirt and a blood-stained knife which are Articles 10 and 11 respectively. The panchanama in regard to the discovery is at Exhibit-29. Then Muddemal Articles were sent to the chemical Analyser. As per the report of the Chemical Analyser (Exhibit 33) the shirt and the knife were found stained with human blood of A group which happen to be the blood-group both of the deceased and of the accused. After recording the statements of the material witnesses and after completing the investigation, P. S. I. Bangal filed a charge sheet and thereafter the accused was charged for the offence of having committed the murder of Mininath.

(3.) THE accused pleaded not guilty. According to him, a friend of his forcibly took him to Manish Bar and there he gave him some drink. He does not know and did not understand what drink he had given. Due to the consumption of drink he started feeling giddiness and therefore he went home and went asleep. Early in the morning police came to his house and they took him to the police station.