PRAKASH WAMANRAO LAKDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) PRAKASH s/o Wamanrao Lakde, the appellant herein, has preferred this appeal challenging the judgment and order passed by the learned additional Sessions Judge, Amravati in the Sessions Trial No. 91 of 1994 on 31-8-2001, wherein the appellant-accused was convicted for the offence under section 304-I of the Indian Penal Code and sentenced to suffer rigorous imprisonment for 10 years and to pay a fine of Rs. 1,000/-in default to suffer further rigorous imprisonment for a period of six months.

(2.) PROSECUTION case, in brief, is that on 15-1-1994 victim Munna Chavan, who was the son of witness Mohansing Chavan (P. W. 4), r/o. Village Bhatkuli, which comes under the Police Station, Kholapur, had gone to the pan shop of one Harish Rambhau More (P. W. 2) situated near the S. T. Stand with his friend Jeeven Athawale (P. W. l)around 10. 30a. m. After having pan from the shop, deceased Munna and his friend Jeeven Athawale were standing in front of the pan shop when, at once, the appellant came there from the back side and suddenly inflicted three knife blows on the buttocks and thighs of deceased Munna, as a result of which Munna sustained multiple bleeding injuries on his buttocks and thighs and when he raised shouts, the appellant-accused fled away carrying knife with him. Witness Jeevan Athawale rushed to Mohansing Chavan (P. W. 4) who was working in the Primary Health Centre, Bhatkuli and informed him about assault on his son- victim Munna. Mohansing rushed to see his son and he noticed that his son Munna had sustained bleeding injuries on his buttocks and thighs and he was unable to walk. Hence, he brought his son with the assistance of witness Jeevan Athawale to the Primary Health Centre, Bhatkuli where he was treated by Medical Officer Dr. Manoj Mundhada (P. W, 15 ). Mohansing went to the Police Outpost, bhatkuli and there he lodged his report (Exh. 28), which was taken by A. S. I. Marotrao Sukhedeo (P. W. 14 ). On the basis of that report (Exh. 28), A. SJ. Sukhdeo prepared occurrence report at Police Outpost, Bhatkuli and the offence under section 307 of the Indian Penal Code was registered against the appellant-accused. Police H. C, Sukhdeo (P. W. 14) rushed to the Primary Health centre, Bhatkuli and in presence of Dr. Mundhada and two panchas, after having satisfied that the victim was conscious and fit to speak, he recorded statement vide Exh. 66 as per the disclosure made by the victim. Dr. Mundhada, after giving primary treatment to the victim, referred him to the general Hospital, Amravati for further medical treatment as condition of the victim was deteriorating since the bleeding had not stopped. It is a matter of record that Munna, after he was brought to the Civil Hospital, Amravati was operated. However, victim Munna succumbed to the injuries in the Civil Hospital, Amravati at about 7. 30 p. m. on the same day while under treatment.

(3.) A. S. I. Sukhdeo. on returning to the Police Station, Kholapur, submitted the dying declaration (Exh. 66) and occurrence report (Exh. 28) to the Police station Officer Kisanrao Lanjewar (P. W. 12), who, on the basis of that, prepared the First Imformation Report (Exh. 59 ). As the offence was registered, p. S. I. Pande (P. W. 11), who was then attached to Police Station, Kholapur, took up investigation and arrested the appellant-accused on the same day at 5. 00 p. m. and visited the place of occurrence and prepared panchanama (Exh. 30 ). On the same day, P. S. I. Pande prepared inquest panchanama (Exh. 24)regarding the dead body of deceased Munna and handed over the dead body to the Medical Officer, General Hospital, Amravati for post-mortem. On the next day, he seized the blood stained clothes of deceased in presence of panchas under panchnama under panchanamas Exhs. 40 and 41. He also seized blood stained clothes of the father of Munna namely Mohansing (P. W. 4) under panchanama (Exh. 42 ).