NAMDEO ATMARAM RAMTEKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE accused appellant was charged in Sessions Trial No. 67 of 1971 by the Additional Sessions Judge, Bhandara that on 13th February, 1971 at village Masalmeta, Tahsil Sakoli, District Bhandara, he caused injuries with an axe to Mahadeo son of Bhiwaji Ganvir, resident of the same village and attempted to commit his murder. In the course of the same transaction and at the aforesaid time he also attempted to commit murder of his aunt Smt. Ithabai wife of Mangali of the same village and thu9 the accused was charged under Section 307 of the Indian Penal Code for attempting to cause murder of these two persons.

(2.) THE learned Additional Sessions Judge held that the evidence so far as attempting to cause the murder of Mahadeo was concerned was not sufficient to connect the accused with that crime. At any rate he observed that doubt arose in his mind as regards the complicity of the accused in attempting to commit murder of Mahadeo. This finding has been given by the Additional Sessions Judge in paragraph No. 21 of his judgment. However, the learned Sessions Judge on appraisal of the evidence before him which consisted of the testimonies of Ithabai and her mother-in-law brought on record under Section 288 of the Criminal Procedure Code as corroborated by the other independent circumstances such as the first information report of Kotwal and the human blood stains found on the clothes of the accused as well as the nail-clippings. The learned Judge held that the offence that was brought home to accused so far as causing of the injuries with an axe to Ithabai was not under Section 307 of the Indian Penal Code but under Section 324, I. P. C. He held accused guilty for causing Injuries to Ithabai by a sharp weapon like an axe and convicted him under. Sec. 324 of the Indian Penal Code to suffer rigorous imprisonment for two years.

(3.) THE facts in brief are as under: It is seen that the accused appellant is the nephew of Ithabai (P. W. 2 ). Par- wati (P,w. 3) is the mother-inlaw of Ithabai. Jangali is the elder brother of the husband of Ithabai and one Sugandha (P. W. 4) is the wife of Jangli. These persons resided in village Masalmeta. Ithabai was living in a part of a house. Vik-ram (P. W. 5) is also the nephew of Ithabai. Thus, Vikram is the cousin of the accused. Vikram's house is adjoining to the house of Ithabai. It is also not in dispute that the accused was residing in a separate house near the house of Ithabai, On 13-2-1971 at about 7-30 P. M. Ithabai was busy in preparing vegetable in a court-yard under the Chapri of her house. Her mother-in-law Parwati and Sugandha were in the house. When she was pouring the swaet oil for preparing vegetable it is the allegation of the prosecution that accused Namdeo came from behind and assaulted her by means of an axe and caused injuries en her head as well as on her neck. It is the allegation of the prosecution that accused before causing injuries to Ithabai had come running from the side of a Pan Thela where on the way he had first assaulted Mahadeo (P. W. 7) by means of an axe by causing injuries on his neck. It is the allegation of the prosecution that Mahadeo identified the accused and had some talk with him. Thereafter, he fell down and was removed to Lakhani by his brother Kisan (P. W. 8 ). It is to be noted at this stage that police patil had sent a report about the incident. He could not contact this Mahadeo because Mahadeo had become unconscious and was removed bv his brother but at the trial Mahadeo has been disbelieved by the learned Judge so far as injuries caused to him.