DHONDBA BHAKRU BHENDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant - Dhondba Bhakru Bhende has filed this appeal against the judgment and order passed by the 6th Additional Sessions Judge, Nagpur in Sessions Trial No. 565/1998 dated-24-8-1999 wherein the appellant was convicted for offence under sections 302 and 307 I. P. C. and sentenced to suffer R. I. for life and to pay fine of Rs. 500/- in default to undergo R. I. for two months and R. I. for 5 years and to pay fine of Rs. 200/- in default to undergo further R. I. for one month respectively. Substantive sentences were to run concurrently.

(2.) THE prosecution case in brief is that on17-4-1998 at about9. 30 P. M. one friend of the appellant known as Papadwala had been to his house. Some dispute was going on between them. Deceased - Suresh Bhende and his father Mangal Bhende who were residing on the rear side of the house of the appellant proceeded to place where dispute between the appellant and Papadwala was going on. Mangal Bhende (P.W.4) is elder brother of the appellant. Mangal Bhende on reaching to that place attempted to settle the dispute, but the friend of the appellant pushed Mangal Bhende. THErefore, there was some altercation between Papadwala and deceased Subhash Bhende. Appellant's friend Papadwala had scuffle with deceased Subhash Bhende. In the meantime, the appellant entered his house and returned back with knife and assaulted deceased - Subhash Bhende inflicting blows with knife in his stomach and chest. THE appellant's friend Papadwala ran away from there. Appellant also assaulted Mangal Bhende.

(3.) THE injured Mangal Bhende was examined on17-4-1998 for the injury he had sustained. As per the injury certificate (Exhibit 82) he had one incise wound over left mid Oxilary line 2 cm x 2 cm muscle deep. 9th intercostal space and according to medical officer who examined him the injury was simple. THE Investigation Officer, forwarded all seized property to Chemical Analyser, Nagpur for examination and after completion of investigation submitted charge-sheet in the court of Chief Judicial Magistrate, Nagpur who in turn committed the case for trial to the Sessions Court. In the Sessions Court the learned Sessions Judge framed charge for offence under sections 302 and 307 I. P. C. against accused. THE accused pleaded not guilty to the charge and claimed to be tried. His defence was that of denial. At trial the prosecution examined in all 10 witnesses including Janabai (P. W.1), Rasiklal (P.W.3), Mangal (P.W.4) and Chhaya - sister of deceased Subhash Bhende (P.W.6) who claimed to be eye-witness to the incident, Dr. Manish Shrigirwar (P.W.7), Police Head Constable Sitaram (P.W.8), Dr. Sushma Bhusari (P.W.9) who examined Subhash Bhende for ascertaining his physical and mental fitness before recording his dying declaration and P. S. I. Deotale (P. W.10 ).