STATE OF MAHARASHTRA Vs. KAWDU

JUDGEMENT

(1.) This is an appeal filed by the State challenging acquittal of the respondent for the offences punishable under Sections 302 and 323 r/w 34 of Indian Penal Code. The brief facts are that P.W. 1 - Kalidas Uikey is the uncle of the respondent/original accused No. 1. The charge-sheet was filed against the respondent and his brother Kailas Uikey, who was then found to be juvenile in conflict with law (J.C.L.) and as such, his case was sent to the Juvenile Justice Board. The trial proceeded only against respondent Kawdu before the learned Sessions Judge, Chandrapur bearing Sessions Case No. 113/1998. According to the prosecution, the houses of P.W. 1 - Kalidas and his brother Ramdas who is the father of the respondent are adjacent to each other, situated at village Meha (Khurd), Taluka Saoli, District: Chandrapur. Deceased Saraswatibai was the wife of P.W. 1 - Kalidas. The incident in question had occurred on 9.4.1998 at about 9:00 p.m. It is said that she-goats of Kalidas had strayed into the courtyard of Ramdas and had damaged 'Toor' crop stored there. Upon this, respondent Kawdu went to the house of Kalidas and accosted him as to why he is not keeping his she-goats tethered, whereupon Kalidas is alleged to have said that respondent is at liberty to send the she-goats to cattle-pound. Upon this, there was some hot exchange of words and the quarrel ensued between them. It is at this point of time that the younger brother of respondent Kawdu, namely, J.C.L. - Kailas came there with stick and assaulted Kalidas. Saraswatibai wife of Kalidas made attempt to intervene and separate the quarrel, whereupon it is said that J.C.L. Kailas also assaulted Saraswatibai with stick. On account of this, Saraswatibai had sustained bleeding injury to her head. According to the prosecution, the respondent Kawdu also assaulted Kalidas with stick. After this, both the respondent Kawdu and J.C.L. - Kailas went to their house.

(2.) Further according to the prosecution, P.W. 1 - Kalidas along with deceased Saraswatibai started proceeding to the house of Police Patil, when the respondent and J.C.L. - Kailas followed them. The second incident is alleged to have taken place near the Pan shop of one Arvind near a drainage in a chowk, where again quarrel ensued between respondent and J.C.L. - Kailas on one hand and Kalidas and Saraswatibai on the other. According to the prosecution, J.C.L. - Kailas again assaulted Saraswatibai with stick. Insofar as respondent is concerned, it is the material case of the prosecution that respondent Kawdu, at the relevant time, was having crowbar and assaulted Saraswatibai with the same on account of which Saraswatibai fell down and died on the spot. P.W. 1 - Kalidas went ahead to the Police Patil followed by Kawdu. The Police Patil expressed his inability to help him saying that he has ceased to be Police Patil. Thereafter, respondent Kawdu along with one Namdeo came to Pathari and met P.W. 7 - Vasant Alam. According to the prosecution, Kawdu made a confessional statement to P.W. 7 - Vasant of having assaulted Saraswatibai with crowbar. P.W. 7 - Vasant advised Kawdu to report the matter and that is how the respondent/accused along with Namdeo and P.W. 7 - Vasant came to Police Station Pathari. Some time thereafter P.W. 1 - Kalidas also arrived at Police Station Pathari. It appears that P.W. 1-Kalidas filed complaint, which was scribed by P.W. 7 - Vasant. On the basis of the complaint, P.W. 9 - P.S.I. Motiram Pakhare, who is the Investigating Officer, registered an offence and took over investigation. The Investigating Officer visited Meha on the following day i.e. 10.4.1998, drew spot panchanama of the scene of occurrence and inquest panchanama of the dead body of Saraswatibai. The dead body was sent for postmortem examination. The Investigating Officer also effected seizure of the clothes on the dead body, as well as P.W. 1 - Kalidas and the respondent/accused. Statements of the witnesses including P.W. 2 - Nalini Pendam, who happens to be the daughter of the sister of Saraswatibai and was at the house of the deceased at the time of the incident, came to be recorded. The Investigating Officer also effected certain seizures including that of the crowbar which was allegedly on the basis of the confessional statement by the respondent. The seized articles were sent for the report of the Chemical Analyzer and on completion of the investigation, a chargesheet came to be filed, which was committed to the Court of Sessions.

(3.) As noted earlier, case against J.C.L. - Kailas was separated and was sent to the Juvenile Justice Board (J.J.B.). The learned Sessions Judge framed charge against the respondent for the offence punishable under Section 302 r/w 34 of Indian Penal Code for having intentionally caused death of Saraswatibai and under Section 323 r/w 34 of Indian Penal Code for having voluntarily caused hurt to P.W. 1 - Kalidas. The respondent pleaded not guilty to the charge and claimed to be tried.