BABBURAO GOVIND MANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment and order dated 15th May, 1999 passed by Additional Sessions judge, Sangli in Sessions Case No. 120 of 1997 wherein the appellant was convicted for the commission of offence punishable under section 302 of the indian Penal Code and was sentenced to suffer life imprisonment.

(2.) THE facts giving rise to the present case, in brief, are thus-

(3.) DECEASED Appaji's Dnyanu Mane used to reside at village Manewadi (Wakurde) with his wife Shantabai. The accused used to reside in the same locality at some distance from the house of the deceased. The deceased was an agricultural labour. The relations between the deceased and the accused were friendly. They used to consume liquor together. There was place for thrashing grain in front of the house of the deceased. Prior to the incident, the accused had asked the deceased to clean the thrashing circle. The accused was taking rest under a tree while deceased was doing the work of cleaning the said circle under the influence of alcohol. At that time wife of deceased came there and witnessed that her husband was alone working in the thrashing circle, therefore, she did not like it and asked her husband not to work for other in lieu of liquor and also asked not to work in such mariner. Since that incident, the relations between the family of the deceased and the accused were strained. About two months thereafter there had been quarrel between the deceased and the accused, and the accused had abused the deceased with reference to his wife. At that time the deceased had challenged the accused not to give abuses. It is alleged that the accused used to pickup quarrels with the deceased and used to give threats that he would kill him sometime. On 22-5-1997 deceased and his wife Shantabai were working at their home. In the evening the deceased collected Rs. 100/- from his wife and went for purchasing grocery articles and returned at 7. 30 p. m. to his home and kept the bag of grocery in the door. At that time accused was sitting in front of his house and the accused started abusing but deceased asked not to do so and also challenged him. Immediately thereafter the accused came to the house of the deceased. The complainant Shantabai was present there. While she was asking deceased not to pick up quarrel with the accused, the accused rushed towards the deceased and give 4 to 5 blows of knife on his chest and abdomen. The deceased sustained bleeding injuries and fell down. The complainant raised shouts and some persons including Dadasaheb, nephew of the deceased, came there. The accused ran away. On seeing the condition of the deceased, Dadasaheb went to call his father Nivrutti i. e. younger brother of the deceased. Nivrutti arranged for jeep and deceased was taken to Primary health Centre, Shirala, accompanied by wife Shantabai and others. Medical officer examined the deceased and declared him dead. Thereafter the complainant went to Police Station, Shirala, where she narrated the incident and her complaint was recorded by P. S. I. Rajendra Patil at about 11. 10 p. m. The investigation commenced after registration of the offence against the accused under section 302 of the Indian Penal Code. The inquest panchnama was prepared and body was sent for post-mortem examination. The panchnama of scene of incident was prepared, in which course incriminating articles were seized. Statement of various witnesses came to be recorded. The accused was arrested and in course of his police custody the weapon of offence i. e. knife was recovered at his instance when he led the police where the knife was hidden. It was seized under memorandum of panchnama. The incriminating article were sent to Chemical Analysers for examination, whose report was received and is part of the record. On completion of the investigation the charge-sheet was sent to the Court of law. The learned Magistrate committed the case to the Court of Sessions.