ASHOK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this appeal, the appellant (hereinafter referred to as "the accused") takes exception to the judgment and order dated 1. 4. 2002 passed by the Additional Sessions Judge, bhandara in Sessions Trial No. 143/2000 convicting him for the offence under Section 302 of the Indian Penal Code and sentencing him to suffer life imprisonment and to pay fine of Rs. 500/- and in default to undergo R. I. for a period of three months. In Sessions Trial No. 143/2000 the accused and his brother Ramkrushna were charged for the offence under Section 302 read with Section 34 of the Indian Penal Code for having committed murder of Rajendra Dattu Kodwate. Alternatively the accused was also charged under Section 302 of the Indian Penal code. Ramkrushna was also charged for the offence under Section 323 of the Indian Penal Code.

(2.) BRIEFLY, the prosecution case is as under :-Deceased Rajendra was residing with his father Dattu at village Dodmazari on 30. 7. 2000 at about 7. 00 p. m. PW 3 mahipal Uikey came to Dattu and informed him that the accused and his brother Ramkrushna had assaulted his son Rajendra in front of their house and he was lying near the compound. On receiving this information Dattu along with his wife Sitabai rushed to the spot of incident and he found that Rajendra was lying on the ' ground and his clothes were soaked with blood. They also noticed injuries on his chest Rajendra had died on the spot. Dattu was informed by PW 2 pramod Uikey and PW 3 Mahipal Uikey that before the incident of assault deceased rajendra was sitting on the Gram panchayat platform near the house of the accused along with his friends. The accused - Ashok started giving filthy abuses after coming near the said platform. Rajendra asked him not to indulge in it since females were residing nearby. Thereafter, Rajendra along with Mahipal uikey started going towards the panshop. Ramkrushna, the original accused no. 2 who was standing in front of his house dragged Rajendra in the courtyard. The accused came there and assaulted rajendra with the sharp weapon and when Pramod intervened, brother of the accused Ramkrishna assaulted him with the help of torch on his forehead causing him injury. Dattu rushed to the Police Station, bhandara and lodged his report Pursuant to the said report Crime No. 295/2000 was registered, both the accused were arrested on the same day and their clothes with blood stains were seized. Since it was night time spot panchanama was prepared on the next day. The inquest panchanama was also drawn and the dead body was referred for post-mortem examination. Upon disclosure made by the accused one knife (Article 16} was recovered from the house of the accused at his instance. After completing the investigation the charge-sheet was find against the accused and his brother. The case was committed to the Sessions Court. In support of its case, the prosecution examined 10 witnesses and produced several documents to prove its case against the accused. The accused denied his complicity in the crime and alleged that on the day of the incident Pramod uikey, Mahipal Uikey along with 2-3 boys came in front of his house and Pramod assaulted him with the sharp article like knife on his right thigh, on account of which he sustained injuries. The Trial court after appreciating the evidence led by the prosecution convicted the accused for the offence under Section 302 of the indian Penal Code and convicted his brother Ramkrushna for the offence under Section 323 of the Indian Penal Code.

(3.) WE have heard Mr. Daga, learned counsel appearing for the appellant and Mr. Kankale, learned Additional public Prosecutor appearing on behalf the respondent.