STATE OF MAHARASHTRA Vs. JAGANNATH KIHAN MANE

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 30th September, 1989 rendered by the IIIrd additional Sessions Judge, Solapur in Sessions Case No. 107 of 1989 acquitting the respondent accused of the offence punishable under section 302 of the Indian Penal code. The accused was charged and tried for allegedly committing murder of Vilas madhav Patil on 11. 2. 1989 at about 6. 45 a. m. by means of an axe.

(2.) The facts necessary to be noticed for disposal of this appeal against acquittal, briefly stated, are that deceased - Vilas and the accused, both allegedly had illicit relations with one Jayashri, a daughter of the police Patil of village-Dharmapuri. On that count the relations between the accused and the deceased - Vilas were strained and frequently they used to have quarrels. 'one of such quarrels took place at the engagement ceremony of the brother of the deceased when the accused was allegedly insulted by the deceased over taking of meals in the said ceremony. The accused, therefore, had grudge against deceased - Vilas. The case set up by the prosecution is that on 11. 2. 1989 in the morning the accused left the house with an axe and a towel tied on his head. He was wearing white pyjama and snuff coloured shirt. Deceased - Vilas, who used to supply milk on his bicycle to the milk dairy and his brother in the village, was also seen on 11. 2. 1989 going towards the mories on his bicycle by Popat Karche (PW. 9). The accused was also seen going towards the canal by Kashinath Chopde (PW. 16) with an axe in his hand. Nobody has seen the actual assault on deceased -Vilas at about 6. 45 a. m. on 11. 2. 1989. However, according to the prosecution, ramchandra Karche (PW. 17) had seen the accused fleeing from the scene of offence. Yadavrao Patil (PW. 8) who is the complainant in the case was informed by Mahadeo nigade and Gena Masugade (PW. 13) that vilas was lying in the morie with bleeding injuries. Yadavrao (PW. 8) alongwith one lalla immediately rushed to the scene of offence by a truck. When Yadavrao Patil (PW. 8) reached the morie, where Vilas was lying, some boys lifted him and kept in the truck. He was immediately rushed to the hospital at Natepute. Looking to the nature of injuries sustained by Vilas, the doctor at natepute advised to take him to the Civil hospital, Solapur. From Natepute, Vilas was taken to Solapur in a jeep. Yadavrao Patil did not accompany Vilas further. However, he lodged a complaint at Natepute police outpost. In pursuance of the said complaint lodged by Yadavrao Patil (PW. 8) the investigation was set in motion.

(3.) The complaint was lodged against an unknown person since at that stage the name of the accused had not been revealed as assailant. The accused, however, came to be arrested on 12. 2. 1989. His blood stained clothes were attached under the panchanama Exhibit-19. One handwritten unsigned note, which in the record is described as a chit (Exhibit-26) , (for short "the note") was found in the pocket of his trou-ser (pyjama) in which he had allegedly confessed that he murdered Vilas for the reasons stated therein. The evidence on record reveals that a towel and a pair of sleeper of the accused which were lying at the scene of offence, were collected by Chagan Patil (PW. 15) on 11. 2. 1989. He intended to hand over those articles to the Police Patil but since he was not available he handed them over to Dashrath Koli (PW. 14). Dashrath koli in turn produced those articles before the police on 12,2. 1989 which were attached under panchanama Exhibit-21. Further the panchanama of the scene of offence and recovery of an axe were drawn. The body of Vilas, after collecting his blood stained clothes and blood, was sent for autopsy. The autopsy report reveals that Vilas died due to head injuries. All articles attached under different panchnamas were sent to chemical Analyser. The report of C. A. reveals that the blood of the deceased was of "o" group whereas blood of the accused is of "b" group. After completing the investigation the charge-sheet was submitted and thereafter the case was committed to the Sessions court where the accused was tried and acquitted of the offence under section 302. The defence propounded by the accused in the course of trial was of total denial.