STATE OF MAHARASHTRA Vs. SUDHAKAR MAHADEO GAWALI

JUDGEMENT

(1.) This is an appeal preferred by the State of Maharashtra against the judgment and order dated12-7-1990 passed by the Sessions Judge, Chandrapur in Sessions Case No. 18 of 1990. By the said judgment and order, the accused has been acquitted of the offence charged under Section 302 of the Indian Penal Code. He has been convicted for an offence punishable under Section 304, Part-II of the Indian Penal Code and sentenced to suffer rigorous imprisonment for four years. He has been further convicted for offence punishable under Section 324 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for four years. He has been further convicted for offence punishable under Section 324 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for one year. Both the sentences were directed to run concurrently. Thus, the appeal is filed under Section 378 Cr. P. C. against the order of acquittal of the accused for an offence charged under Section 302 of the Indian Penal Code.

(2.) The murdered man was one Gangadhar Tanba Choukhe, aged about32 years. He was resident of village Adegaon. He was residing with his wife Tulja (PW2) and mother Baljabai. THE incident occurred at the square. THEre was a lamp-post near the square. THE house of the deceased is situated at a distance of about100 feet from the said square. Villagers used to come to the square after taking their meals for chit-chatting. THEre is a pan shop at the square. THE house of accused is also situated near the square. THEse are the facts which are not in dispute.

(3.) Charge under Sections 302 and 324 of the Indian Penal Code was framed. It was read over and explained to the accused to which accused pleaded not guilty and claimed to be tried. His defence is two-fold. Firstly, that he has not committed any offence muchless the murder of deceased Gangadhar. Secondly, he raised the plea that he tried to avoid the blow of dagger to be given by deceased Gangadhar to his father Mahadeo and in that process he caught hold of hand of Gangadhar and twisted the same and kicked him as a result of which Gangadhar fell down striking his own dagger to his chest and thereby bleeding injury was caused to Gangadhar.