TULSHIRAM GOSAVI SAYKHEDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. Daga, the learned Counsel for the Appellant and Mr. Ahirkar, learned Additional Public Prosecutor for the Respondent-State.

(2.) The Appeal is directed against the judgment and Order, dated 16th July, 2001, passed by Additional Sessions Judge, Yavatmal, in Sessions Trial No. 166 of 1998, whereby the appellant is convicted for the offence punishable under Section 302, Indian Penal code, and sentenced to suffer Rigorous imprisonment for Life and to pay a fine of rs. 1,000-00, in default of payment of fine, rigorous Imprisonment for one month. Similarly, the Appellant is also convicted for the offence punishable under Section 324 of the Indian Penal Code and sentenced to suffer rigorous Imprisonment for six months. The trial Court directed that the substantive sentences shall run concurrently.

(3.) The prosecution case, in nutshell, is as follows :- the alleged incident of assault took place on 13th June, 1998 in front of the house of the appellant at about 9. 00 a. m. , in the morning at village Belora. The house of deceased Dattu was adjacent to the house of the Appellant. It is the case of the prosecution that on the day and time of the incident, the present appellant was talking loudly and was saying things, which had no specific meaning. Deceased Dattu and his mother were going to their field by the road, which was by the side of the house of the appellant - Tulshiram. Deceased Dattu asked tulshiram, the present appellant, why was he talking loudly. Tulshiram immediately thereafter pulled deceased Dattu and assaulted him by inflicting blows by means of a knife and Sattoor (chopper). The mother of the deceased, namely bhagubai (PW 2) , intervened to prevent assault on her son Dattu. The appellant - Tulshiram also assaulted her and she also sustained injury. Lalita (PW 1) lodged an oral report (Exh. 12) , on the basis of which an offence came to be registered vide Crime No30/1998 vide printed fir (Exh. 13). PSI Sayyad Habibur Raheman (PW 8) went to the spot of incident and in presence of Panchas recorded the Spot panchanamas (Exhs. 32 and 33). The Inquest panchanama was drawn on the dead body of deceased Dattu vide Exh. 22. The dead body was sent to Medical Officer for post-mortem examination. The samples of earth and earth mixed with blood were collected from the spot in presence of Panchas vide Seizure Memo (Exh. 34). Mr. Raheman arrested accused No. 1 - Tulshiram on 13th June, 1998 vide Arrest panchanama (Exh. 25). On 13th June, 1998, psi Raheman attached the clothes of deceased after post-mortem examination vide Seizure memo (Exh. 56) and recorded the statements of witnesses. On 15th June, 1998, the investigating Officer attached both the weapons i. e. , knife (Suri) and Sattoor (chopper) and blood stained shirt of appellant Tulshiram at the instance of appellant vide his Memorandum statement (Exh. 30) and Panchanama (Exh. 30- a). The Muddemal property was forwarded to the Chemical Analyser for analysis and the reports received from Chemical Analyser are exhs. 64, 65 and 66. On completion of investigation, charge-sheet was filed against the appellant and one other co-accused - Annaji gosavi Saykhede for the offences punishable under Sections 302 and 307 of the Indian Penal code and the charge was framed for offences punishable under Section 109, read with sections 302 and 307 of Indian Penal Code against the appellant and the co-accused. The same was explained and read over to them. Both of them denied the charge and claimed to be tried. The defence of the appellant was that of denial. The Trial Court acquitted the co- accused-Annaji Gosavi Saykhede of the offences punishable under Section 109, read with Sections 302 and 307 of the Indian Penal code and the prosecution has not preferred any appeal against the Judgment and Order of acquittal and, therefore, in the instant case we are only concerned about the validity of the conviction of the present appellant under sections 302 and 324 of the Indian Penal Code awarded by the Trial Court.