VASANTA MUKUNDRAO BHOKRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal filed under Section 374(2) of the Code of Criminal Procedure, accused appellant Vasanta questions his conviction vide judgment dated 17.06.2011 in Sessions Trial No. 127 of 2008 by Additional Sessions Judge Achalpur under Section 302 read with Section 506 of Indian Penal Code. He has been sentenced to life imprisonment and fine Rs. 3000/- or in default rigorous imprisonment for six months. For offence under Section 506 rigorous imprisonment of three years and fine of Rs. 1000/- or in default further rigorous imprisonment of three months has been imposed. Briefly stated prosecution alleges that Vasanta has murdered one Kishori Uike on 07.05.2008 at village Karajgaon. Said Kishori with his wife Ramuti Uike and her son Dinesh were present in their house. Kishori had consumed liquor and was sleeping on cot. At about 5 p.m. accused Vasanta pulled Kishori from cot and beat him severely with crowbar. Ramuti and her son tried to resist but Vasanta threatened them. Listening hue and cry some passers by gave call from out side and accused Vasanta ran away. He returned after about 11/2 hours to 2 hours i.e. at about 7 p.m., pulled Kishori out of house and started beating him by means of a crowbar and stick. When Ramuti interfered she was also beaten by means of fists blows and kicks. Kishori sustained fractures and bleeding injuries. Vasanta then dragged Kishori back into the house and pushed him below the cot and went away. Entire night Kishori was in pain but Ramuti-handicapped lady and her minor son Dinesh under threats delivered by Vasanta, could not intimate the incident to any body. In the morning Ramuti noticed that Kishori was dead and she sent her son Dinesh to call elder brother Jaisingh of deceased Kishori. Jaisingh came and found Kishori lying on cot with severe injuries on his person and dead. Jaisingh lodged report with Police Station Shirajgaon. Investigation commenced, spot panchanama, inquest etc. was drawn, body was sent to postmortem. Multiple trauma caused due to heavy blood loss was found to be the reason for death. Accused Vasanta was then arrested. At his behest and in presence of Panchas crowbar concealed by him at the house of deceased was produced and seized. Blood stained clothes of accused Vasanta were also seized. Blood samples were also collected and articles were sent to Chemical Analyser for analysis. Police found that 7 to 8 days prior to occurrence of this incident, there was quarrel between deceased and accused. Deceased had caused head injury to Vasanta and Vasanta had then given threats to deceased. Accused No. 2 Sunita had illicit relations with accused Vasanta which was not liked by deceased and there was even allegations of Sunita participating with accused Vasanta in causing hurt to deceased.

(2.) Police then recorded statements of Ramuti, her son Dinesh, neighbor Sushila under Section 164 of Criminal Procedure Code before Judicial Magistrate First Class Chandur Bazar. Other statements were also recorded. Charge sheet was then filed against Vasanta and Sunita in the Court of Judicial Magistrate First Class Chandur Bazar who committed the matter for trial. The defence of accused No. 1 and 2 was of false implication by Ramuti at the instance of one Ashok Nachane who was on inimical terms with Vasanta. By impugned judgment, Additional Sessions Judge Achalpur has acquitted accused No. 2 Sunita and punished Vasanta under Section 235(2) of Criminal Procedure Code under Section 302 and 506 of Indian Penal Code.

(3.) We have heard Ms. Bhatia (appointed) counsel for the appellant and learned Additional Public Prosecutor Shri Fulzele for respondent.