KRISHNA V KAMBLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant through jail challenges his conviction under section 302 of Indian Penal Code and for which he is sentenced to life imprisonment in Sessions Case No. 21/91. The prosecution case against the appellant/accused was that on the night of 1st and 2nd July, 1991 in the early hours at about 2. 00 a. m. at the control room of electric sub-station at Majorbander Harbour, appellant assaulted K. Puttagauda a co-worker at the said sub-station repeatedly with a koita causing his instantaneous death.

(2.) IN support of the prosecution case in all 12 prosecution witnesses were examined. Having regard to the controversy arising in this appeal it is not necessary to refer to all prosecution witnesses and suffice to read evidence of P. W. 4 Mahadevappa Basappa who is the direct eye witness to the assault, P. W. 6 Radhabai Krishna Kamble who is the wife of the appellant and the medical evidence rendered by P. W. 5 Dr. Silvano Dias Sapeco.

(3.) FROM the prosecution evidence it transpires that the Electricity Department, Goa Government has a sub-station at Harbour which is called Majorbandar. The sub-station consists of a control room and a little away from this control room there is a room which is known as a store-room. The appellant was working for a number of years as linesman/wireman at the sub-station. Deceased Puttigauda was Assistant linesman and was also called as cable joinder. On 1st July, 1991 the appellant was slated for duty as linesman between 14. 30 to 20. 30 hours which is otherwise called the second shift Deceased Puttigauda was slated for duty on that day commencing from 20. 30 hours until early morning of the following day. It appears that despite the duty of the appellant was over at 8. 30 p. m. on that day, he chose not to go home under the pretext that he was suffering from colic and that he preferred to sleep for the night at the very sub-station. At about 2. 00 a. m. the appellant assaulted deceased Puttigauda with a koita causing him large number of injuries, as a result of which he succumbed to his death. The assault was witnessed by P. W. 4 Mahadevappa Basappa to whose evidence we make immediate reference.