RAJU RAMBHAU MHASKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Accused Raju Rambhau Mhaske, who was convicted by learned Additional Sessions Judge, Nagpur for the offence punishable under Section 302 of the Penal Code, has preferred this appeal to have his conviction and resultant sentence set aside.

(2.) Facts which led to prosecution of the appellant are as under : Victim Gajanan son of Govind Shelke owed a sum of Rs. 20/- to Rushi son of Natthu Mhaske towards wages. Kisna, Rushi and Raju came to demand the said amount. The victim Gajanan said that the amount was not with him and he would pay the same as soon as he would have it. This resulted in abusing and a scuffle. Appellant Raju caught hold of Gajanan's hand and Kisna gave a blow by a knife. Gajanan's father Govind gave report to the police, whereupon an offence was registered and investigation started. It seems that the victim died soon thereafter at the spot.

(3.) P. W.1 Govinda, father of victim, had given report which is at Exh.37. This report would show that a sum Rs. 20/- was due towards wages. In the evidence before the Court, however, Govinda mentioned that a sum of Rs. 25/- was due. The report would show that Govinda had seen the incident when he was returning after tethering bullocks in the cattle shed. It is important to note that in the F. I. R. at Exh. 37 complainant Govinda had stated that he had actually seen accused Raju holding hands of victim Gajanan while Kisna assaulting the victim with a knife on victims' stomach. However, in the evidence before the Court Govinda stated that his daughter Babita informed him that Gajanan was assaulted by the accused and then he went to see Gajanan. He stated that on his asking Gajanan as to how the incident occurred, Gajanan told him that accused Nos. 1 to 3 inflicted injuries on his person.