CHANDRAKANT BABURAO ADKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment and order dated 14-3-2000 passed by the Sessions Judge, Satara in Sessions Case No. 155 of 1998 convicting the appellant for commission of offences punishable under sections 302, 452 and 449 of the Indian Penal code and sentencing him to suffer life imprisonment for offence under section 302 of the Indian Penal Code, R. I. for 2 years and to pay fine of Rs. 1000/- in default to undergo R. I. for two years and to pay fine of Rs. 1000/- in default to undergo R. I for one month for offence under section 452 of I. P. C. and R. I. for two years and to pay fine of Rs. 1000/- in default undergo R. I. for one month for offence under section 449 of I. P. C. The appellant however was acquitted of the offences punishable under sections 323, 504, 506 r/w 34 of the Indian Penal Code. It may also be noted that the accused No. 2 involved in the trial was acquitted of all the charges by the learned trial Judge.

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

(3.) THE complainant Ravindra, his father deceased Tukaram, his mother shalan used to live jointly. The appellant is distantly related to them and he is the uncle of the complainant. All the parties belonged to Kamothi community and used to sale to sale utensils by visiting village in the area. There used to be quarrels between them frequently but were patched up by other people. On 20-4-1998 Kisan, a distant relation died due to old age, and therefore, the appellant, deceased and other people had gone to the house of deceased Kisan. At that time appellant started washing his chappals with the water kept for religious rites and by which bat was to be given to the dead body of Kisan. The deceased Tukaram questioned the appellant as to why he was washing his chappals by the said water, however, the appellant threatened him that he would see Tukaram in the evening. Thereafter the dead body was taken to funeral and last rites were preformed. The appellant was also abusing the deceased Tukaram in his absence. All the people thereafter returned to their home from funeral ground. At about around 00. 30 hrs. during the night of 21-4-1998 the appellant suddenly went to the house of tukaram and started knocking the door loudly. He challenged Tukaram and said that he should come out. There was a gap in the door and complainant and his three aunts along with Tukaram and his wife were sleeping in the house. They did not open the door, however the appellant inserted his hand from the gap of the door and opened it and then he scuffled with Tukaram as well as complainant and his mother. Appellant caught hold Tukaram by his neck and dragged him outside the house in the courtyard. Then he took out gupti and stabbed Tukaram on the left side of his stomach. There was a commotion at the time of incident and the people gathered, the appellant ran away. The complainant Ravindra and his mother rushed to the Police Station, satara and lodged the F. I. R. (Ex. 28) at 1. 45 hours in the night. On the basis of which the offence came to be registered at C. R. No. 129/98 under sections 302, 452, 504, 506 of the Indian Penal Code. Tukaram was taken to Civil hospital, Satara where he succumbed to the injuries. Inquest panchnama was prepared and dead body was sent for post mortem. Clothes of the accused were seized under panchanama The post mortem report was received in due course, which is part of the record. According to the medical evidence the probable cause of death was haemorrhagic shock due to stab injury. P. I. Survey, who took up the investigation, in which course the appellant was arrested under panchnama. At that time one gupti was found which was kept under the full-pant of the accused, which was also seized as per seizure panchnama, which as drawn in the presence of panchas. Clothes of the appellant were also seized under panchnama. Panchanama of the spot of incident was duly prepared. The incriminating articles seized in the course of investigation were sent to Chemical Analyser for examination. Resort was received and is part of record. The statements of several witnesses came to be recorded including the eye-witnesses to the incident. 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.