GENU TUKARAMDABAHADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appeal under Section 374 (2) of the code of Criminal Procedure, 1973, is directed against the judgment and order dated 24/11/2004, delivered by II Additional Sessions Judge, Jalna, in Sessions Case No. 60 of 2004. By the impugned judgment, the appellant is held guilty of the offence of murder under Section 302 of Indian Penal code, and sentenced to suffer imprisonment for life, fine Rs. 100. 00 in default rigorous imprisonment for six months.

(2.) ACCORDING to the prosecution story, incident took place on 19/2/2004 at about 8. 00 p. m. near bus stand, Antarwali (Tembhi), Taluka ghansawangi, District Jalna. It is the case of the prosecution that, there was a quarrel between the accused and the victim Janu Bhomaji Sonawane, and the accused caused head injury to the victim, by means of stone. Whether the stone was used as a missile, or weapon held in hand, is doubtful in the prosecution story. The victim was lifted and taken to local doctor, namely. Dr. Ardad and after primary aid, to Primary Health Center. , ambad, and thereafter to Civil Hospital, Jalna. He died on 20/2/2004 at about 12. 30 noon, while under treatment. In fact, Accidental Death was registered on 20/2/2004 at 3. 15 p. m. and pw-6 PSI Namdeo Gite, was already enquiring into the unnatural death. Sumanbai, wife of the victim, lodged complaint on 21/2/2004 at 9. 30 p. m. whereupon, offence under Section 302 of Indian Penal Code, was registered, investigated and prosecuted against the present appellant. The conclusion of the trial has ended in his conviction, as stated hereinabove.

(3.) THE complainant Sumanbai (PW-1), two hotel owners in the vicinity, namely, Ganesh (PW-2) and Narayan (PW-4), claim to be eyewitnesses. Dr. Sudhakar Mhaske (PW-3) then Medical Officer, Civil Hospital, Jalna, had performed post mortem and had recorded opinion that the death was suffered due to "intracranial haemorrhage with subdural haematoma occipital region". Baban (PW-5) is the panch witness to the panchanama of spot of occurrence. PSI Namdeo Gite (PW-5) is the Investigating Officer. The complaint (Exh. 14), post mortem report (Exh. 17), M. L. C. report (Exh. 18) and spot panchanama (Exh. 21) are the only documents brought on record by the prosecution. It is pertinent to note that, inquest panchanama (Exh. 23) was required to be brought on record, by the defence, during cross examination of the Investigating Officer.