BRAMHA @ BRAMHANAND KISAN SHINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) Appellant is convicted under Ss. 302 and 201 of the Indian Penal Code, 1860 (" IPC ") and Ss. 4 / 25 of the Indian Arms Act, 1959 by learned Additional Sessions Judge, Yavatmal in Sessions Trial Case No. 48/2016 and is sentenced to suffer imprisonment for life and to pay a fine of Rs.5000.00 By this appeal, he challenges his conviction.

(3.) Prosecution story in short is that, Gopal was watchman in the field of Uddhav Bakale, which is adjacent to the field of Gangadin Gadai. On 5/3/2016 around 04.00 p.m., Gangadin Gadai heard voice as 'Gangadin'. Initially, he ignored it, but later on, he again heard the same voice, hence he went towards the voice and he saw Gopal in injured condition, under an orange tree in his field. Blood was oozing from his injuries, hence Gangadin got frightened and rushed to his younger brother Vitthal who was present in the adjacent field. Upon hearing shout of Gangadin, Vitthal came to him and Gangadin disclosed him that somebody has injured Gopal by sharp edged weapon and he is lying in the pool of blood under the orange tree. Thereafter, labours in the field and Sachin son of Gangadin came on the spot. Vitthal with Labour Fakru went to village to give information to people. Sachin went to inform Dadarao Tekam, son- in-law of Gopal, who was grazing cattle in the field of Bhaurao Sonawane. On receiving information, Dadarao Tekam proceeded towards the spot, on the 'Dhura' of Gangadin's field, he saw Rangubai in dead condition having bleeding injuries on her stomach and chest. At some distance, under an orange tree, Gopal was lying in injured condition having bleeding injuries over his stomach and near eye. Dadarao Tekam asked Gopal as to who assaulted him. Gopal told him that when he and Rangubai were coming to the field, suddenly, the accused came there with a spear and assaulted him by the spear. When Rangubai came to save him, accused also gave blows of spear on her chest and stomach, she therefore died on the spot. When Gopal was coming to give information to Gangadin, due to giddiness, he fell under the orange tree. Thereafter, Gopal was taken to the Government Hospital, Kalamb. Dadaro Tekam went to the Police Station and lodged report against accused, which was registered at Crime No. 94/2016 with Kalamb Police Station under Ss. 302 and 307 of the IPC. During treatment, Gopal expired on 16/3/2016. On completion of investigation, charge-sheet was filed and charge was framed against the accused under Ss. 302 , 307 , 201 of the IPC and Ss. 4 / 25 of the Arms Act. The accused pleaded not guilty.