CHATUR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In Sessions Trial No. 174/99, the appellant/accused came to be tried by the Additional Sessions Judge, Chandrapur on a charge of having committed murder of one Vilas Yadao Shedmake and thereby committing an offence punishable under Sec. 302 of Indian Penal Code. He was also charged for having committed house trespass having made preparation for causing hurt to the deceased and thereby committing an offence under Sec. 452 of Indian Penal Code. The learned Judge by his judgment and order dated 30.12.2000 found the appellant/accused guilty of having committed offence u/s 302 of Indian Penal Code and acquitted him of the offence punishable u/s 452 IPC. Accordingly, the learned Judge sentenced him to undergo imprisonment for life, which is challenged in this appeal.

(2.) In nutshell, it is the prosecution's case that on 1.8.1999 at about 7.30 P.M. a quarrel took place between the wife of the deceased, i.e. Chandrakala Vilas Shedmake PW.6 and that of the appellant/accused Suman w/o Chatur Atram DW.2. In the said quarrel, the husband of Chandrakala, i.e. the deceased came to rescue her but in the meantime, the appellant/accused Chatur rushed towards him with a Barchi and inflicted 3 blows because of which the deceased Vilas suffered injuries on his chest and abdomen. After causing the injuries, the appellant fled away from the scene of occurrence. In the meantime, PW.5 Vikas, brother of the deceased, went to Laxman Neware PW. 1 a Police Patil of the village and informed him that the appellant Chatur assaulted his brother Vilas. They went to the Sarpanch of the village. The villagers gathered at the spot and Sainath Istam tied dupatta on the injuries of Vilas. It is the case of the prosecution that the injured Vilas informed them that he has been assaulted by the appellant Chatur and then died on the spot. Thereafter Laxman Neware PW. 1 accompanied by Sarpanch and two other persons went to Police Station Kothari and lodged report Exh. 11. The report was taken by AP1 Kapildeo Shukla.

(3.) On the basis of the said report, the police registered Crime No.38/99 against the appellant/accused under Sections 302, 452 of Indian Penal Code. It is the prosecution case that thereafter the appellant/accused himself came to the Police Station and reported the incident on which he came to be arrested. AP1 Shukla PW.8 visited the spot but as it was night time, the Police Patil of the village and the villagers were instructed to take care of the dead body. Thereafter, on the next day, AP1 Shukla prepared the spot panchnama (Exh. 13), inquest panchnama (Exh. 14) and also seized articles from the spot under seizure memo Exh. 17. Thereafter he sent the dead body for post-mortem examination. During the course of investigation, he recorded statements of witnesses who were acquainted with the incident. At the instance of the appellant/accused, the police was able to discover a knife which came to be seized under the seizure memo Exh. 16. All the seized articles in the case were forwarded to the Chemical Analyser. The appellant/accused was also sent for medical examination.