UTTAMJI RAMJI HULWALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE Appellant-accused who has been convicted of the offence punishable under Section 307 of the Indian Penal Code and sentenced to suffer R. I. for three years in Sessions Case No. 107 of 1987 in the Court of the Additional Sessions Judge. Pune, has preferred this appeal.

(2.) BRIEFLY stated the facts giving rise to the present appeal are as under : "shankar Nana Hulawale who was the Sarpanch of Karla Gram- Panchayat at the relevant time, is alleged to have been assaulted by the Appellant-accused on 4-4-1986. The Appellant-accused is also a resident of village Karla but since about a fort-night before the date of incident he had started residing with his married sister at village Varsoli which is at a distance of about 5 K. Mtrs. from Karla, due to his alleged involvement in an incident of assault in which his step-brother Kisan Hulawale was a victim It appears that it was at the instance of Shankar nana Hulawale the Sarpanch of the Karla Gram-Panchayat that the Appellant was required to leave village Karla due to the said incident of assault on Kisan Hulawale the said step-brother of the present Appellant.

(3.) THE complainant Khandu and his uncle Chindhu reside at village karla. Chindhu's sister Sitabai is married to Namdeo (PW 5) who is residing at village Varsoli. It is alleged that a dispute had arisen between the said Namdeo (PW 5) and his nephew Vasant who resides separately, in respect of construction of Padvi. Due to this Namdeo (PW 5) went to karla about two days before 4-4-1986 the date of incident and requested sarpanch Shankar Nana Hulawale to visit his place on 4-4-1986 to arbitrate on and resolve the dispute which had arisen between him and Vasant. He arso invited Chindhu (PW 3) and Khandu the complainant to attend the said meeting on the said date at his place Accordingly, on 4-4-1986. in the morning Sarpanch Shankar Nana Hulawale (PW 4), Chindhu (PW 3)and Khandu (PW 1) collected at the house of Namdeo (PW 5) at Varsoli. Sarpanch Shankar Nana Hulawale had gone to Varsol, on h's motorcycle and he had parked the same at a garage on Bombay Poona Road nearby the house of Namdeo. He had reached the house of Namdeo at about 11 00 a. m He was able to resolve the dispute between Nimdeo and vasant and thereafter their respective open lands were measured and demarcated. Sarpanch Shankar then started from the house of Namdeo to pick up his motor-cycle from the garage for returning to Kara. Khandu (PW 1) and Chindhu (PW 3) also left the place along with Sarpanch shankar Namdeo (PW 4) and Vasant also accompanied them to see them off While they were so proceeding on foot along the foot-path from the house of Namdeo, the Appellant-accused is alleged to have come to sarpanch Shankar from there of his sister's house and asked him as to how lons he would be required to stay away from Karla. Sarpanch shankar asked him to meet him at village Karla after two days so that his problem may be solved. While Sarpanch Shankar and the Appellant-accused were so talking with each other. Khandu (PW 1), Chindhu (PW 3), namdeo (PW 5) and Vasant were walking behind them at a short distance of 4-5 feet the Appellant-accused is suddenly alleged to have taken out a knife from the pocket of his trouser and inflicted multiple stab injuries on the right side of the chest, abdomen and left side of the chin of the sarpanch Shankar Hulawale, and thereafter he started running towards south, towards Lonawala side. Khandu (PW 1), Namdeo (PW 5) and vasant are alleged to have ran after the Appellant-accused upto a short distance behind him but they failed to apprehend him and returned to the spot. Chindhu (PW 3) who had stayed back near Sarpanch Shankar had tried to put some water in the mouth of injured Shankar. Thereafter, though an auto-rickshaw which was seen coming from the side of village karla Sarpanch Shankar was taken to Dr. S. C. Parmar (PW 7) at Lonavala. Dr. Parmar examined him and noticed contused lacerated wounds on left side of the chin, right anterior chest with lung tear, on right nipple, on right lower abdomen, and no right epicondyle. Dr. Parmar appears to save issued a Certificate (Exh. 26) in respect of the said injuries after rendering first-aid to the victim, and advised that he be shifted to Pune for further treatment. It appears that in the meanwhile, Tukaram Laxman jangle, the driver of the auto-rickshaw who had brought the injured shankar to the hospital of Dr. Parmar went to Lonavala Gramin Police station and orally informed about it to the then Police Officer P. B. Prabhune (PW 8 ). After taking an entry in the Station diary at 1. 05 p. m. P. B. Prabhune (PW 8) went to Dr. Parmar's hospital ana he saw that sarpanch Shankar was injured. As per advice of Dr Parmar Shankar was sent to pune through an ambulance and one Constable Jadhav escorted him. Head Constable Prabhune, while returning to Lonavala Gramm police Station from the Hospital of Dr. Parmar took with him Khandu (PW 1) the eye-witness to the incident and recorded his complaint (Exh. 14) in the night and on the basis of the same, registered offence under section 307 of the Indian Penal Code under Crime No. 27/86.