PUNJAB MOTIRAM WAGHMARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant has been convicted by the learned Additional Sessions Judge, Washim for the offence punishable under Section 307 of the Indian Penal Code and he is sentenced to suffer rigorous imprisonment for two years and to pay a fine of Rs. 500/ -, in default to suffer rigorous imprisonment for one month. The appellant was tried by the learned Additional Sessions Judge, Washim in Sessions Trial No. 72/1995 and the judgment was delivered on 27 -1 -1999. Learned Counsel Shri A.D. Girdekar is heard on behalf of the appellant and learned Additional Public Prosecutor Shri A.K. Bangadkar is heard on behalf of the respondent/State. The case of the respondent before the trial Court was that the complainant Ramnath Totla and the appellant were residents of one and the same village and their fields were adjacent to each other. The complainant on 27 -11 -1994 along with his labours Narendra, Sulochana and Kisan had gone to his field. At about 2 -00 p.m. he heard noise by the side of his field. It was seen by him that the appellant was cutting a babool tree. The complainant obstructed cutting of tree as there was dispute over the boundary of agricultural field. The appellant had, therefore, attempted to inflict an axe blow. However, later on he could succeed in inflicting a blow by means of a spade on the complainant. Matter was reported to police. The complainant was referred to medical hospital. The Medical Officer found that the complainant had incised wound on left side of parietal bone and he had also incised wound more in the same region. It was opined by the Medical Officer that the injuries could be caused by sharp edged weapon. The X -Ray plate showed that there was a depressed skull fracture and was fatal and was sufficient to cause death in the ordinary course of nature. Offence punishable under Section 307 of the Indian Penal Code was registered.

(2.) DURING the course of investigation, statements of the witnesses were recorded. The appellant was also sent for medical examination as he had also sustained injuries. After completion of investigation, charge -sheet was filed in the trial Court.

(3.) WHEN the case came up for framing of charge, the learned trial Judge framed the charge for the offence punishable under Section 307 of the Indian Penal Code vide Exhibit 5. The appellant pleaded not guilty vide his plea Exhibit 6.