MADHUKAR KISANRAO CHATUR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant Madhukar Chatur has preferred this appeal against the judgment and order passed by Sessions Judge, Amravati 1244. PM/jca/sa/sy 158 in Sessions Trial No. 108/1994, whereunder he was convicted for offences punishable under sections 302 and 324 I. P. C. and was sentenced to suffer r. I. for life and fine of Rs. 200/- in default to undergo R. I. for one month and r. I. for one year. The substantive sentences were to run concurrently.

(2.) THE incident which gave rise to this prosecution against the appellant took place on 13-8-1991 in the evening at 6. 30 p. m. at village Virshi within walgaon Police Station. The victim-Wamanrao Chatur was residing with his wife Chandrakalabai (P. W. 2) and sons Kailash (P. W. 1), Gautam (P. W. 4) and they were related to the appellant-Madhukar who was residing in the same locality. The appellant also had his agricultural land adjoining to land of deceased Wamanrao. Admittedly, there was dispute between them over the boundaries of agricultural land and in that regard a proceeding was pending in the Court of law. On the day of occurrence initially deceased Wamanrao was standing in front of the shop of one Meshram chitchatting with one sadashiv (P. W. 6), wherein latter informed deceased Wamanrao that the appellant-Madhukar was a man of hot tempore and had lodged a report against him that time appellant Madhukar came there holding a cycle chain and at once tried to assault Wamanrao with it, but Kailash son of Wamanrao ran. Sadashio Raut and Rajendra Chatur intervened and saved Wamanrao from attack by Madhukar and then these persons too away Madhukar from there. It is the case of the prosecution that on the same night while Wamanrao, his wife Chandrakala and sons Kailash and Gautam were sitting in their courtyard, Madhukar came there and dragged Wamanrao holding his hands and at once assaulted Wamanrao inflicting blows by knife on his abdomen, chest as a result of which Wamarao fell down having sustained bleeding injuries and died instant death. It was Kailash who intervened when Madhukar dealt blows of knife on his abdomen twice and on the left side of his chest three blows were inflicted and ran away. Thereafter, Chandrakala and one Mahadeo tied the injuries of witness Kailash who then immediately came to the Police station and lodged the report (Exhibit 34) at Police Station, Walgaon, where on the basis of that offence was registered at Cri. No. 170/1991.

(3.) DURING the course of investigation the Investigating Officer on visiting the place of occurrence prepared inquest panchanama, spot panchanama and seized the articles including blood mixed with earth, saree of witness chandrakala having stains of blood, and referred the articles sealed for chemical analysis to the Chemical Analyser. The police also referred the witness Kailash to Medical Officer Dr. Rekha Gohod (P. W. 6} who examined witness Kailash for injuries and issued certificate vide Exhibit 45. She also examined one rajendra Chatur (P. W. 4), for the injuries he sustained and issued certificate exhibit 46. The dead body was sent to the hospital for carrying out autopsy. Dr. Ashok Lande (P. W. 9) who was then Medical Officer General Hospital amravati conducted autopsy on the dead body of Wamanrao and prepared post-mortem note Exhibit 58 giving details of external as well as internal injuries, which he noticed, he also opined that the injuries were antemortem in nature and the external injury No. 1 corresponded to internal injury to lung and heart while external injury No. 2 was corresponding to internal injury to liver and in his opinion the cause of death was haemorragenic shock due to external Injuries Nos. 1 and 2. After completing investigation charge-sheet was filed in the Court of law.