MOTIRAM GANGARAM JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The judgment of the I Adhoc Additional Sessions Judge, Raigad-Alibag has been impugned in the present Appeal. THE appellant has been convicted under section302 of the Indian Penal Code and sentenced to suffer imprisonment for life.

(2.) In this case, the appellant has been accused of fratricide due to a property dispute. The deceased and his family stayed in a house which was owned by his mother. The appellant wanted this house for himself and therefore, asked the deceased to vacate the house. The deceased had informed the appellant that he would vacate the house after his new house was constructed. Irked by this, the appellant had assaulted the deceased on his head with a muller. The appellant threatened to kill the deceased if he did not vacate the house. On 21-12-2000, the appellant carried out his threat and stabbed the deceased with a knife in the chest. This knife blow was sufficient to kill the deceased. The appellant was apprehended by the members of his family who had witnessed this incident and a complaint was registered against him. He was then charged for having committed murder of his brother, the deceased.

(3.) The medical evidence on record is that of PW-2, the Doctor who conducted the post-mortem examination on the dead body. This examination was carried out on22-12-2000. THE witness has opined that the injuries caused to the deceased were caused by sharp instrument like a knife. THE post-mortem report indicates that the deceased had suffered the stab injury on the left side of his chest which is a vital part of the body. THE death has occurred on account of haemorrhagic shock due to this stab injury on the chest. In such circumstances, when the ocular evidence is supported by the medical evidence on record, it is difficult to accept that the appellant is not guilty as charged.