BHAUSAHEB JABAJI WAGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant-ACCUSED was tried by the 5th Adhoc additional Sessions Judge, Ahmednagar, for offences punishable under Sections 302, 504, indian Penal Code. At the conclusion of sessions Case No. 109 of 2004, by judgment and order dated 30-11-2004, the learned sessions Judge held the appellant guilty on both the charges and sentenced him to suffer life imprisonment, pay fine of Rs. 2,000/-, in default, rigorous imprisonment for six months, on the first count, and only rigorous imprisonment for six months, on the second count.

(2.) The prosecution story, in brief, can be stated as follows:- the deceased Anil was father of P. W. 5 shital and nephew of P. W. 2 Bajrang. On 21-04-2004, at about 2. 00 p. m. , the complainant bajrang was taking rest in the veranda of Datta temple. There is Gram Panchayat office in front of this temple. The deceased Anil, along with his daughter, Shital, then aged about 9-10 years, was sitting in the veranda in front of the gram Panchayat Office. At abut 2.30 p. m. , the complainant heard shouts of Shital and he noticed that, there was a quarrel (verbal exchange) between the accused and deceased anil. Accused demanded the deceased to provide him liquor but deceased refused, saying that, he does not have money. Thereupon, the accused picked up stones lying near the veranda and hurled those in quick succession towards the deceased. Two stones hit the deceased in the chest and one in the abdomen. Accused tried to run away. However, he was apprehended by Popat and Ravi Gawhane, who were amongst the crowd gathered. Bajrang lodged a complaint with Ahmednagar Taluka police Station on the same day at 17. 05 hours i. e. within 2-'/2 hours from the incident.

(3.) The prosecution has, in all, examined eleven witnesses. But, the complainant Bajrang (P. W. 2) and daughter of the deceased, namely, Shital (P. W. 5) , are the star witnesses, since they are the eye-witnesses. Although P. W. 6 Aba deposed, as if he is an eye-witness, admission in his cross- examination that, Anil was lying on the ground, when he reached the location, shows that he cannot be eye-witness and he has reached the location immediately after the incident. P. W. 4 ananda, who was one more eye-witness, has turned hostile. Dr. Ashok (P. W. 10) had clinically examined P. W. 2 Bajrang and has issued injury certificate (Exh. 36). Dr. Shubhada Ranade (P. W. 11) , had carried out the post mortem on deceased Anil. She had also examined accused and issued injury certificate (Exh. 40). As per the post mortem report (Exh. 39) , dr. Smt. Ranade had noticed fracture of 2nd and 3rd ribs (left) at costochondral junction (internal damage corresponding to external injury, which is contusion over chest manubrium stemi of 5 cm. diameter). The cause of death is opined to be cardio respiratory arrest due to shock and injury to right lung due to fracture to ribs and sterruem with haemothorax due to blunt trauma to chest. It is needless to refer to the details of nature of evidence rendered by other witnesses. It may be said that, Kantabai (P. W. 3) is the wife of complainant, who had reached the spot immediately after the incident and remaining witnesses are, either police witnesses or panchas, who have participated in the investigation.