NARAYAN MAHADEORAO KOLHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an appeal preferred by appellant Narayan Kolhe challenging the judgment and order passed on14th December, 1999 by 5th Additional Sessions Judge, Nagpur in Sessions Trial No. 495 of 1998, whereunder he came to be convicted for the offence u/s. 302 of the Indian Penal Code for committing murder of Namdeo s/o. Warlu Kolhe and was sentenced to imprisonment for life and to pay a fine of Rs. 100/- in default to undergo rigorous imprisonment for three months.

(2.) PROSECUTION case, in brief, is that appellant Narayan, original accused no.2 Smt. Rukhmabai Mahadeo Kolhe and original accused no.3 Ramkrushna Mahadeorao Kolhe were related with deceased Namdeo Kolhe and one Murlidhar Kolhe (P. W.1), the son of deceased. Their houses are adjoining to each other. However, the relations between them were strained since long. The incident took place on21.1.1998. Witness Murlidhar found that the bricks kept by him in the back open portion of the house were missing and therefore, he asked Rukhmabai (original accused no.2) and Ramkrushna (original accused no.3) as to whether they had taken the bricks and that was so because he noticed that the accused had constructed new wall. Deceased Namdeo asked the accused to return the bricks. However, the accused retaliated by saying that whether they were thieves. In such a situation, dispute arose between original accused nos. 2 and 3 on one hand and witness Murlidhar and his father deceased Namdeo on the other. The quarrel also ensued and accused no.3 Ramkrushna and his wife went towards Murlidhar and Ramkrushna started kicking and giving fist blows to him. His wife caught hold of him by his hair. His father intervened to save him, but appellant Narayan, on bringing a sword from his house suddenly assaulted Namdeo giving a blow on his hand. Accused no.2 rushed there and snatched the sword from accused no.1. Appellant Narayan again rushed to his house and brought a pestle and gave a blow on the head of deceased Namdeo Kolhe. The neighbors including Shankar Vazhe, Bandu Shende and Shamrao Kolhe rushed to the place of occurrence and separated the accused and Murlidhar. Victim Namdeo became unconscious. He was removed to the Government dispensary at Takalghat. The Medical Officer advised to take him to the Medical College and hospital at Nagpur. He was removed to the Medical College and hospital, Nagpur. During the treatment, the deceased-injured Namdeo died at night intervening 21.1.1998 and 22.1.1998 at about13. 00 hours.

(3.) BEFORE the Court, the accused pleaded not guilty to the charge and claimed to be tried. Prosecution examined in all eleven witnesses including Murlidhar Kolhe (P. W.1) - the son of deceased and Shamrao (P.W.4) - who claimed to have witnessed the incident, Dasu Pawar (P.W.2) and Ishwar Thakre (P.W.3) - as panch witnesses in whose presence spot panchanama and seizure memo came to be drawn, Avinash Gijar (P.W.5) - a panch witness in whose presence blood sample and garments of the accused were seized. Sk. Ibhrahim (P.W.6) - a panch witness on discovery of weapons at the instance of the appellant, Dr. Vinod Agrawal (P.W.7) - who did autopsy on the dead body of deceased Namdeo, Dr. Pandurang Dalu (P. W.10) - who obtained blood sample of accused and Police Officer Suresh Bhoyar (P. W.11) - who carried out investigation in the matter. Accused were examined u/s. 313 of the Code of Criminal Procedure. While denying the prosecution case and the evidence led by prosecution to that effect, the accused filed their written statements vide Exhs. 77, 78 and 79. From the tenor of cross-examination of witnesses, it was suggested by the defence that deceased in the scuffle fell on the corner of the wall and because of that, sustained injury on his head, on which he died. Accepting the eye-witness account of witness Murlidhar and Suresh, factum of recovery of weapons at the instance of the appellant, clinching medical evidence and also incriminating circumstance of detection of human blood on the weapon and clothes of the accused, the trial Court found that the appellant committed murder of the victim Namdeo by assaulting him with the sword and pestle, inflicting blows on his head and accordingly, he was convicted for the offence u/s. 302 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs. 100/- in default to undergo rigorous imprisonment for three months and the trial Court acquitted original accused nos. 2 and 3 of the offence with which they were charged. Hence, this appeal.