BHARAT YESHWANT HEGADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant aggrieved by the order dated 30-12-1987 passed by the IVth Additional Sessions Judge, Solapur in Sessions Case No. 112 of 1987, convicting him under section 307 I. P. C. and 506 I. P. C. and sentencing him to undergo five years R. I. and to pay a fine of Rs. 500/- in default to further undergo 6 months R. I. under the first count and to one year R. I. and to pay a fine of Rs. 200/- in default to further undergo R. I. for 2 months has under the second count has come up in appeal before me.

(2.) THE prosecution case in brief is that the informant Mangala Shivaji Hegade is the wife of the Shivaji Yeshwant Hegade. Her husband Shivaji had eight brothers. One of them being the appellant. All the brothers along with their families lived in different portions of the same house. Her husband Shivaji had a second wife namely Dhondawabai. On 23-11-1986, some time in the evening the appellant demanded Rs. 200/- from Shivaji and on the latters refusal,is alleged to have threatened him with dire consequences. The same evening after dinner at about 8 or 9 P. M. the informant and a victim slept in a concrete hall of their house. In their adjoining house room Dhondawabai is alleged to have been sleeping with a newly born child. At about 1 A. M. The informant woke up on hearing the sound of blows of sickle and saw in electric light that the appellant was assaulting her husband Shivaji. It is alleged that on seeing this, the informant started running to inform her inlaws. The appellant is alleged to have told her to sleep, otherwise, she would be murdered. Consequently, she remained in the room till the time the appellant was there. Thereafter, the appellant ran away. The informant then came out of the room and informed her inlaws as also her brothers-in-laws who are also alleged to have woken up. hereafter, a bullock cart was arranged and in the same, she along with brothers-in-law Bajrang, Shankar and Shahaji and her mother-in-law Gitabai took Shivaji to hospital. It is alleged that that her brother-in-law Soma Hegde P. W. 6 followed them. After travelling some distance, they saw a rickshaw and on the same, Shivaji Yeshwant Hegade was brought to Civil Hospital, Solapur.

(3.) AT the Civil Hospital, Solapur on 24-11-1986, at 2. 45 a. m. Anil Bhimrao Khadtare medically examined Shivaji. He found on his person the following injuries: 1. Incised cut-wound rt. to left oblique on rt. fore head 3". 2. Incised wound on vortex 2" x bone deep on left frount to parietal region. 3. Incised wound to the left parietal 3. 5" bone deep. 4. Inceased wound lower end of the arm right side 3" oblique bone deep. 5. Incised wound starting above to the No. 1 injury, 5", on the rt. lateral to head. The doctor also proved the X-Ray reports pertaining to the victim and deposed theat the X-ray of skull revealed fracture of parietal bone and X-ray of the nasal bone revealed fracture of nasal bone. In the cross- examination, the doctor denied the defence suggestion that these injuries of the victim could not result in his death.