BUDHA DATTU UMAVANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In the Village Chariv, Taluka Shahapur, District Thane lives Dattu Kamlu Umavane in a small hut which has two parts; first part is used as kitchen room and another as ota. Dattu has five sons and he along with his wife Devakabai reside in the hut. They have a small holding of about an acre which they cultivate.

(2.) The sons take up agricultural jobs to eke out a supplement to the family income which is a meagre one. One of the sons had left for Bhiwandi as the one acre holding was too small for that family. On 16-12-1982 Budha, 20, one of the brothers had a quarrel over a minor issue with his elder brother Dharma who was in his thirties about the manner of cultivation of the family field. Both the sons refused to partake meals and Dharma slept on a cot in the house while Budha went out. As the hut is small one all the five sons could not be accommodated and it appears that Budha had to leave the hut seeking lodging in the houses of relatives and on that evening went to his cousin Ambo Panse.

(3.) Next day, i.e. on 17-12-1982 Dattu and his wife Devakabai got up early as usual in the morning. Devakabai went out started cleaning the cattle shed and Dattu was preparing tea on the chulah of the kitchen. Dharma was sleeping on the cot and as it was a cold December night he had enveloped himself with a quilt 6 x 2 1/2 stitched by twine string and blanket 7 x 2 1/2. Budha returned from his cousins place where he had spent the night equipping himself with an axe. Dattu enquired about the new acquisition to which Budha replied that he wanted to go out for work of wood cutting with one Sawkar. Immediately after the conversation Budha went near the bed where Dharma was sleeping and delivered a blow on the left portion of the neck with his axe and ran away leaving the axe near the victims cot. Seeing the above Dattu rushed near Dharma and so did his wife. Neighbours gathered, Dharma was put in a bullock-cart borrowed from one Govind Krishna and carried to Kanvali hospital. Dharma was declared to be dead by the doctor. An inquest panchanama Exh. 10 was prepared and the corpse was found to have an injury 4" x 1" x 1 1/2" on the right side of his face. P.W. 4 Dr. Marathe who carried out the autopsy found a 4" incised wound extending from lateral angle of right eye to 1/2" below the jaw and opined that death was due to shock as a result of haemorrhage. When the axe article 9 was shown to Dr. Marathe he was of the opinion that the injury on the body of the deceased Dharma was possible by the axe.