BABU IKYA PAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an Appeal against the order of conviction under Sections 302, 307 and 325 of the Indian Penal Code. By the impugned judgment, the learned sessions Judge, Raigad, Alibag, held that one Tanaji @ Tanya and Mati met with homicidal death. He further held that accused intentionally caused the death of tanya, as well as, Mati. It has been further proved that the appellant attempted to commit murder of Jaibai and caused grievous hurt to complainant chandrakant. Therefore, the accused was convicted and sentenced to suffer rigorous imprisonment for life for the offence under Section 302 IPC. He was also sentenced to suffer rigorous imprisonment for seven years for the offence committed under Section 307 of the IPC and he was further convicted and sentenced to suffer rigorous imprisonment for two years for the offence committed under Section 325 IPC read with the order of penalty and related default clauses.

(2.) WE have heard the learned Advocate appearing for the appellant and the A. P. P. appearing for the State. After re-appreciating and re-weighing the evidence, as well as, the material placed on the record, including the point-wise reasoning given by the learned Additional Sessions Judge, we are satisfied that the appellant has committed the offence under Section 307 and 325 by attempting to commit murder of Jaibai and caused grievous hurt to the complainant Chandrakant We are also confirming that Tanaji @ Tanya and Mart met with homicidal death as held by the learned sessions Judge. Therefore, we are not interfering with the finding so far as the above two issues are concerned. However, on the same evidence and testimony, including the submissions made by the parties, based on the Memo of Appeal, we are of the view that there is no case made, out, beyond reasonable doubt, that the appellant has committed the offence under Section 302 of IPC and intentionally caused the death of Tanajl @ tanya and Mati.

(3.) PW2 - Jaibai Babu Pawar is the wife of the accused-appellant, deceased Tanajl and his wife Matt were working as labourers at village Ravali on the land of FW1 - Chandrakant Manve. On 23rd February, 1999, at about 7. 15 p. m. , as the wife Jaibai did not prepare the food immediately, as demanded, the appellant, in anger, inflicted sickle blow on the left side of Jaibai's neck and caused the injuries. PW1 - Chandrakant, who was present on the spot, therefore, intervened to rescue Jaibai, but the appellant assaulted Chandrakant with the same sickle. That caused him injury on the nose. As Chandrakant was trying to run away from the spot, the appellant accused chased him for some distance. The appellant came back to the spot. It is a case of the prosecution that as the appellant came back to the spot, Chandrakant heard shouts of Tanaji and Mati. He was frightened and, therefore, he went to his house. He narrated the incident to his wife. He came to Wakhal Police Station and accordingly, entry was made in the Station Diary. The said Constable, along with Chandrakant and his friend sadhu Shinde came back to the spot. They found injured Jaibai and the dead bodies of Tanaji and Mati. The injured Chandrakant and Jaibai were taken to the wakhal Police Station. The complaint of Chandrakant was accordingly recorded. He was sent for medical examination. As the condition of Jaibai was serious, after initial treatment, she was referred to Sion Hospital, Mumbai. The panchanama of the spot of the incident (Exhibit-27) was drawn by PW8 - PSI Suresh Dinkar jadhav. The accused was arrested. The statement of the witnesses were recorded. The bodies were sent for post mortem. The Medical Officer confirmed the cause of death due to the injuries to the skull and forehead and those injuries were sufficient to cause the death of Tanaji. The cause of death of Mati, as reported, was due to injury to the jugular vein. PW-5 Kishore, the Medical Officer attached to the P. H. C, Chikhali, endorsed that the injuries were possible by the article like a sickle. The injuries on the person of Jaibai, as well as, the complainant Chandrakant did not prove to be ratal. The instrument i. e. the sickle was seized and all other articles were sent for chemical analysis. The charges were framed against the accused. The accused pleaded "not guilty". His defence was of total denial. The accused has not produced any evidence in his defence. The prosecution has examined, in all, 9 witnesses. There is no eye witness to the incident insofar as the deceased Tanaji and his wife Mati are concerned.