KRISHNA CHANGO VAVARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal has been preferred against the conviction under section 302 of the Indian Penal code and the sentence for life imprisonment. The appellant has also been convicted and sentenced for two years' rigorous imprisonment for the offence under section 452 of the Indian Penal Code.

(2.) The case of the prosecution is that the accused, Krishna entered the house of the deceased, Vilas who was his brother in law and attacked him with a sword. Vilas succumbed to the injuries sustained by him on the neck. The incident occurred around midnight of 21.6.1998. It was reported to the police the next morning that is on 22.6.1998 and a case was registered against the accused. The Postmortem examination was conducted and report indicates that the probable cause of death was due to haemorrhagic shock on account of the injury sustained by the deceased. The inquest panchanama and spot panchanama were drawn. The clothes of the deceased, samples of blood stains and the clothes of the deceased were sent for chemical analysis. The accused was arrested and charged under sections 302 and 452 of the Indian Penal Code.

(3.) The prosecution examined three witnesses to prove its case against the accused. The first witness examined was the brother of the deceased. PW1 Sunil has stated that the accused was married to their sister, Bhima five years prior to the incident. She was frequently assaulted by the accused and she was therefore, residing with their brother Vilas, the deceased. He has also deposed that the accused had assaulted his brother in law on his head with an iron crowbar on an earlier occasion. The accused was in police custody for about two or three months on account of that incident. After his release, he often threatened to kill PW1 and his family. He has deposed that he was asleep in his field on the night of 21.6.1998. His brother Vilas and the other members of Vilas's family in the house adjoining to his own. Bhima, PW2, his sister was also staying with Vilas. This witness has stated that one Madhuratan who came to his field, informed him that the accused had assaulted his brother Vilas. When he rushed home he found Vilas with a bleeding injury on his neck. Vilas informed him that Krishna had attacked him with a sword. In his crossexamination, he has stated that on an earlier occasion, the accused had assaulted his sister Bhima with a sickle. There is no discrepancy or contradiction contained in the complaint lodged by this witness with the police and his deposition in Court. Bhima, PW2, was living alongwith Vilas when the accused came and attacked him with a sword. She heard Vilas shout that the accused had attacked him and had fled. She has stated that although they chased the accused he threatened to attack them with the sword which was still with him. The deceased, thus, suffered a bleeding injury on his neck. The learned Advocate appearing for the appellant points out that there is a serious omission contained in the Bhimabai's statement recorded by the police as she has not made any mention about Vilas having shouted that he was attacked by the accused. However, this omission in our opinion, is not very material. The witness has stated that she had seen the accused run away from the house, after attacking the deceased.