BABURAO Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal takes exception to judgment dated 26.12.2001 passed in Sessions Trial No. 110/1998 by the learned Additional Sessions Judge, Buldana whereby appellant/accused came to be convicted for the offence punishable under Section 302 of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for life and to pay fine of Rs. 1000/-, in default of payment of fine to suffer simple imprisonment for a period of one month. Accused is further convicted for the offence punishable under Section 504 of the Indian Penal Code and is sentenced to suffer simple imprisonment for one month. Accused is also convicted for the offence punishable under Section 506 of the Indian Penal Code and is sentenced to suffer simple imprisonment for one month. In brief, it is the case of prosecution that deceased Shriram Chavan was one of the brother of accused. Elder two brothers, Rajaram and Kashiram were residing elsewhere, while deceased and accused were residing at Village Borakhedi, District Buldana having their houses situated opposite to one another having common space behind their houses. On 16-5-1998, deceased along with P.W. 1 Asha, his wife, P.W. 3 Ajay, his son were preparing brooms in the morning in the open space, at about 3.00 p.m., accused arrived under the influence of liquor and extended threats to deceased asking him to vacate the place saying that it belongs to him and also extended threats to kill him on his failure to do so. Deceased accompanied with P.W. Asha, therefore, lodged complaint of said incident with police, upon which N.C. Was registered and in pursuance to said complaint, P.W. 5 Sanjay Padghan, Police Constable had visited the village to search the accused but could not trace him.

(2.) It is further case of prosecution that on the same day at 5.00 p.m., accused again arrived on the spot and invited quarrel with deceased and his family members asking them as to why they have not vacated the place and were still preparing brooms there, and abused wife of deceased. When deceased tried to convince him, he did not pay any heed to his request and indulged into scuffle having dagger in his hand and in the course of same transaction, dragged deceased towards his house to whom, P.W. Asha and P.W. Ajay followed and by means of weapon, which was in his hand, which is commonly used for removing skin of dead animals, gave two blows to the deceased on his ribs and on costal region, due to which he received severe injuries.

(3.) On P.W. Asha raising shouts, one Ramdas and P.W. 2 Ashok arrived on the spot and P.W. 2 Ashok separated them. P.W. Asha thereafter took the injured to Government Hospital at Borakhedi which was situated near to the Police Station. Observing injured, police station officials from said Police Station went towards injured and police then made necessary arrangement to shift the injured to Government Hospital, Buldana, as no Medical Officer was present in the local hospital. From Buldana, injured was shifted to hospital at Aurangabad having been accompanied by his wife Asha along with P.W. 5 Police Constable Padghan. P.W. 6 Abdul Mannan, ASI had gone to local hospital at Borakhedi to whom P.W. Asha informed that her brother-in-law assaulted injured/husband. Though P.W. 6, ASI Mannan had issued requisition memo to Tahsildar, Motala for recording statement of injured, same could not be recorded as injured was required to be immediately shifted to Government Hospital at Buldana. In the meantime, accused had also attended Borakhedi Police Station complaining that he was assaulted by the injured and was under the influence of liquor and thus accused was also sent to Buldana for his medical examination in the same vehicle.