NARASU APPA PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this appeal the appellant (hereinafter called as "the accused") seeks to quash and set aside the judgment and order dated 13th November, 1991 passed by the IIIrd Additional Sessions Judge, Kolhapur in Sessions Case No. 65 of 1991, by which the trial Court has convicted the accused under section 302 of Indian Penal Code and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 2. 000/-, in default, to suffer further R. I. for one year.

(2.) BRIEF facts of the prosecution case are as under :

(3.) THOUGH this matter has been heard on 7th June, 2004 and today i. e. 8th June, 2004, the Advocate for the accused has remained absent. With the assistance of the learned A. P. P. , we have therefore gone through the entire evidence on record and so far as the evidence of 4 eye-witnesses i. e. P. W. 1 maruti Shatuppa Patil, P. W. 4 Jotiba Pawar, P. W. 5 Kalappa Joshi and P. W. 6 vasant Kalappa Patil is concerned, the same is clear and cogent. All of them have stated that they have witnessed the accused giving a blow by a sickle on the front portion of the neck of the deceased Ashok. There is absolutely nothing in the cross-examination which could be elicited by the defence in order to throw any doubt on the versions given by them. The accused Narsu was apprehended at the spot by P. W. 1 Maruti. The C. A. s report indicates that the clothes, i. e. shirt and pant, which were seized on the person of the accused were found with stains of blood and it was human blood of group 'o' which was also the blood group on the clothes of the deceased. The Investigating officer had also taken a phial of blood from the accused. The analysis of this phial taken from the accused indicates that the blood group of the accused was blood group "b". The sickle, which was said to have been used by the accused to cause the fatal injury on the neck of the deceased Ashok and which was recovered immediately on the spot, had the blood group "o" which is another corroborative factor in support of the eye-witness's versions given by the four witnesses.