BALKRUSHNA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) APPELLANT-ORIGINAL accused Balkrushna challenges his conviction for committing murder of one Suryabhan during the night between 30th and 31st January, 1988, by causing injuries to deceased by sickle (article 9 ). The learned Additional Sessions Judge, Akola, relied upon the evidence of P. W. 1 Janabai Bawane, P. W. 2 Kailas Bawane, P. W. 3 Mahadeo, P. W. 4 Dr. Kishor Sharma, P. W. 5 Prabhakar Gawande as also on the discovery at the instance of the accused of the sickle (article 9), having discovery memorandum Ex. 38 and seizure memorandum Ex. 39 and on the seizure of the clothes of the accused vide seizure Panchanama Ex. 13 and the Chemical Analysers report. Reliance is also placed on evidence of P. W. 5 Prabhakar Gawande.

(2.) THE prosecution story, as revealed is to the effect that Suryabhan the deceased was a dealer in goats and used to have with him substantial amount. On the night of the incident Kailash and Ganesh the sons of Suryabhan were sleeping outside the house and other members of the family were sleeping inside. At about mid-night Balkrishana called out Suryabhan who was his uncle and informed that five goats and goatlings were missing and might have been stolen away. Upon this deceased Suryabhan, his wife and Kailas crime out of the house and found the goats missing. They then started searching the goats. Suryabhan had stick with them and the accused had sickle. After some time wife of Suryabhan had returned and only Balkrishna and Suryabhan proceeded forward for searching the missing goats. After some time Balkrishna alone came back. Suryabhan did not return. Balkrishna told that the thieves had beaten Suryabhan and he was lying on way to village Jitapur.

(3.) THE defence of the accused was of denial. In his written statement he contended that he and his uncle Suryabhan went on Jitapur road. While on that road the thieves assaulted them and also delivered fist and kick blows to him. He further stated that his uncle was struck by some weapons and he got frightened and fell un-conscious and after regaining consciousness he found himself lying in pool of blood by the side of uncle. He got up and immediately rushed to the village and narrated to his father and others the incident that took place and then went to the police patil for lodging the report. He stated that the sickle did not belong to him and the seizure of the amount was also falsely shown. The learned Additional Sessions Judge, Akola, found the version of the prosecution about the recovery Of the money from the accused as un-acceptable. He, however, found the recovery of the sickle (article 9) and blood stained clothes on the person of the accused as reliable relying upon the evidence of P. W. 5 Prabhakar Gawande. Reliance is also placed on the circumstances that the accused had blood-stains on his Clothes, though the blood-group could not be ascertained. The defence of the accused was not accepted and the oral testimony of the witnesses P. W. 1 Janabai, P. W. 2 Kailash, P. W. 3 Mahadeo and that of P. W. 4 Dr. Kishor Sharma was held to be corroborated by recovery of the sickle, an instrument of the accused and the nature of the blood stains on the clothes of the accused. A motive to obtain money has also been held to be proved by the prosecution.