LAWS(BOM)-1994-1-84

NATHU Vs. STATE OF MAHARASHTRA

Decided On January 12, 1994
NATHU Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) The appellant - original accused No.2 Nathu Laxman Shinde, has filed this appeal before this Court dissatisfied with the judgment dated 30.11.1991 passed by the Additional Sessions Judge, Nagpur, in Sessions Case no. 615 of 1991 (State of Maharashtra v. Munna and others) whereby the appellant - accused has been convicted for the offence punishable under section 304 Part II of the Indian Penal Code and sentenced to suffer R.I. for four years and to pay fine of Rs. 2000/- and in default of payment of fine further R.I. for six months.

(2.) Shorn of unnecessary details, the prosecution case is that one Sikandar Nade, who was carrying on a trade of illicit liquor sometimes, was allegedly murdered by the original accused No.1 Munna alias Pramod original accused No.2 Nathu Laxman Shinde and original accused No.3 Anil Shamrao Sattaram on 16.5.1991 at about 8.00 p.m. at Sanjay Nagar, Nagpur. It is alleged that on 16.5.1991 at about 8.00 p.m. Sikandar Nade (deceased), his wife Shantabai Nade (P.W. 1), his father and one Sarangabai Shende (elder mother of P.W. 1 Shantabai) and Kiran, younger brother of the deceased Sikandar were present in their house situated at Plot No. 15-16, Chikhali Layout, Mang Garodi Zopadpatti, Sanjay Gandhi Nagar, Nagpur near Vinod Cycle Stores. Three persons, namely, (1) Nandu Laxman Dhiwar, resident of Sanjay Gandhi Nagar Zopadpatti, (2) Munna Umbarkar and (3) one al10ther person whose name is not known to the informant P.W. 1 Shantabai, came to the house and Nandu Dhiwar demanded liquor from her husband Sikandar. One bottle of liquor was supplied to Nandu Dhiwar and all three persons consumed the alcohol. The deceased Sikandar demanded the money of liquor from them, but they did not pay the same. Sikandar told those three persons that if they were not paying the money right now, they may pay the amount tomorrow morning. Then Nandu Dhiwar, Munna Umbarkar and the third person started giving filthy abuses to the deceased Sikandar, her husband. Thereafter Nandu Dhiwar broke an empty glass liquor bottle and assaulted Sikandar Nade on his neck. Immediately thereafter the deceased Sikandar fell down and the three persons continued to beat Sikandar. The first informant P.W. 1 Shantabai and other family members, who were taking food, got up and obstructed them. However, Sikandar was profusely bleeding. All the family members shouted loudly "save, save". All the three persons ran away towards Sanjay Gandhi Nagar Zopadpatti. A rickshaw was called and Sikandar was taken to the Medical College where the doctor examined him and declared him dead. The aforesaid facts were stated by P.W. 1 Shantabai at the police station Sakkardara on 16.5.1991 and on that basis Crime No. 236 of 1991 under section 302 read with section 34 of the Indian Penal Code was registered at Police Station Sakkardara, Subdivision Ganeshpeth, District Nagpur on 16.5.1991 at 11.30 p.m. against one Nandu Laxman Dhiwar, resident of Sanjay Gandhi Nagair Zopadpatti, (2) Munna Umbarkar and (3) one unknown person.

(3.) On the aforesaid first information report (Exh. 39) the investigation of the crime commenced. The investigating officer prepared the spot and seizure panchanama dated 16.5.1991 (Exh.37). The body of the deceased Sikandar was sent for post-mortem examination and the postmortem examination was conducted vide postmortem report dated 17.5.1991 (Exh. 33). The investigating officer also prepared the inquest panchanama dated 17.5.1991 (Exh. 20), seized various artic1es vide seizure-panchanama dated 18.5.1991 (Exh. 21), seizure-memo dated 19.5.1991 (Exh. 22), seizure panchanama dated 19.5.1991 (Exh. 46), seizure panchanama dated 19.5.1991 (Exh. 47) and seizure panchanma dated 19.5.1991 (Exh. 48). The investigating officer also sent the seized articles for chemical analysis; inducting the viscera of stomach's content; loop of intestine, parts of liver, spleen and honey of the deceased Sikandar and obtained the report of Chemical Analyser dated 6.6. 1991 (Exh. 23), report of Chemical Analyser dated 4.10.1991 (Exh. 43) and report of Chemical Analyser dated 4.10.1991 (Exh. 44). The investigating officer also recorded the statements of the wife of the deceased, namely, Shantabai, and other witnesses under section 161 of the Cr. P.C.