RAMKISHNA MADHAV SHELKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 20-2-2003, in Sessions Case No. 21/2002 whereby these appellants have been convicted for the offence punishable under section 302 read with 34 of the indian Penal Code and sentenced to imprisonment for life and to pay fine of Rs. 500/- each, in default of payment of fine, to undergo simple imprisonment for one month.

(2.) The facts giving rise to this appeal are as under. The incident in question was alleged to have taken place on 22-1-2002. It was reported to Police Station, Newasa by PW5 Narsingh Mohan Gavane by his complaint (Exh-21). On this complaint, PW10 ASI Laxman Pawar registered an offence punishable under section 302 of the Indian Penal Code vide CR No. 17/02. Further investigation was conducted by PW11 Police Inspector pandharinath Kedare.

(3.) The incident as reported by complaint (Exh-21) was alleged to have taken place on the alleged day in between 2. 30 to 3. 00 p. m. near the field of accused No. 1 on the bank of Godavari river within the jurisdiction of village galnimb. Deceased Mohan Gavane along with his family members including his sons PW5 Narsing, PW6 Devising and his wife PW9 Chandrabhaga was staying on the bank of river by erecting a hut. Accused, whose land is also on the side of bank of river, had their farm house in their field. Deceased was mainly doing a business of fishing. They used to plant watermelons in the alluvial land. The accused claiming to be the owners of the said land used to take objection to the deceased and were giving threat to kill in case they cultivate that alluvial land. On the day of incident, PW5 Narsing had gone to the river to catch the fishes. His brother PW6 Devising had gone in the village on a cycle to fetch fertilizer. Their mother PW9 Chandrabhaga along with her daughter-in-law was in their watermelon crop and were busy in the work of cutting the grass. Deceased mohan was taking his cattle towards the well. While he was proceeding from the field of accused, accused Ramkishan rushed towards him having an axe. His sons sadashiv and Kakasaheb also rushed towards deceased Mohan while uttering abuses. That time, they were having swords in their hands. Deceased Mohan was caught hold by accused Nos. 2 and 3 and fell him down on the ground. Thereafter, accused No. 1 inflicted a blow by axe on the head of the deceased. This incident was witnessed by PW5 Narsing as well as PW9 Chandrabhaga who were at some distance. They immediately rushed to the spot. Before their arrival, accused had left the spot and ran away. PW6 Devising who was coming towards the field had seen the accused who were running away from the spot. Deceased mohan was unconscious. With the help of one Shivaji Mule, PW5 Narsing took deceased Mohan to the village and from the village, he carried him to a doctor at salbatpur. However, on the way, deceased Mohan succumbed to the injuries and dr. Pralhad Nagargoje (PW7) declared him dead. Thereafter, complaint (Exh-21) was lodged and offence was registered. In the investigation, PW11 P. I. Kedar visited the hospital at Newasa and recorded inquest panchanama on the deadbody of deceased Mohan in presence of panch witness Hiralal Takare. The deadbody of deceased Mohan was referred for post-mortem and PW7 Dr. Nagargoje conducted autopsy on the dead-body. Dr. Nagargoje noticed the following injuries on the dead-body of deceased Mohan. (i) Lt. upper eye lid and left eye brow was swollen with echymosis. (ii) There was incise wound at left occipitoparietal region, which was measuring 10 cm x 2 cm x bone deep. Injury was spindle shape maximum width was in middle part - i. e. 2 cm and that width was tappered to both ends of wound. Wound margins of skin are clean-cut and gaping was present. On internal examination, Dr. Nagargoje noticed fracture of left occipito parietal bone admeasuring 9 cm x 1 cm. The doctor also noticed brain matter had come out, Dura and Epidura cut with cerebral haemorrhage. According to the doctor. the cause of death of deceased Mohan is "cardio-respiratory failure due to coma due to injury to vital organ, brain. PW7 Dr. Nagargoje issued post-mortem notes (Exh-25). All the three accused were arrested in the same night. At the instance of accused No. 1, weapon of assault axe was alleged to have been discovered in presence of panch witness PW3 Abu Deshmukh. The clothes of the deceased as well as articles seized from the spot and the axe discovered on the information of accused No. 1 came to be forwarded to the Chemical Analyser. Chemical Analyser issued Chemical Analyser's reports (Exh-39 to Exh-41). The blood of the deceased as well as accused No. 1 was opined to be of group "o" and the blood of group "o" was found discovered on the clothes of the deceased as well as on the axe discovered at the instance of accused No. 1. Completing other formalities of investigation, charge-sheet came to be filed against all the three accused for the offence punishable under section 302 read with 34 of the indian Penal Code as well as for the offence punishable under sections 504 and 506 read with 34 of Indian Penal Code. The case came to be committed to the court of Additional Sessions Judge at Shrirampur.