YUVRAJ JANARDHAN LONDHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant has been convicted under section 302 of the Indian Penal Code for murder of Kamlakar Sonawane and sentenced to suffer imprisonment for life and also to pay fine of Rs.10,000/- and in default to suffer further imprisonment of 6 months. That judgment and order dated 31st March, 2001 passed by the IInd Additional Sessions Judge, Solapur, is impugned in this appeal.

(2.) In the city of Solapur the birth anniversary of Dr.Babasaheb Ambedkar is celebrated for a period of 10 days from 14th April every year. On 23rd April, 2000 a procession was taken out of the image of Dr.Babasaheb Ambedkar to celebrate his birth anniversary. Kamlakar Sonawane (hereinafter referred to as the deceased), the appellant Yuvraj Londhe (hereinafter referred to as the accused) his younger brothers Kamlakar and Manoj. Bablu Gaikwad (PW 8) and many others had also participated in the procession. When the procession reached near Ambika Tea House the deceased Kamlakar asked Manoj Londhe to give him water. Manoj refused and stated ".............. ........ " (I am not going to give). Being hurt by the refusal of Manoj who was younger to him, the accused slapped him. A quarrel that ensued was quitened by Bablu Gaikwad (PW 8) and few others present in the procession. In the night of 23rd April, 2000 itself, while Kamlakar was sleeping on the kutta (platform) of Buddha vihar situated at Ramji chowk, the accused and his another brother Kamalakar and father Janadardan allegedly attacked and killed the deceased Kamalakar. The house of Muktabai Bansode (PW 3) is near the kutta at a distance of 20 to 25 feet. The house of Nagbhushan Bansode (PW 4) is also nearby. Other houses also surround the buddha vihar. In the night between 23rd and 24th April, 2000 Muktabai (PW 3) along with Bhama was sitting in the courtyard of her house alongwith Manoj and waiting for their family members to return from the procession. Nagbhushan Bansode (PW 4) was sleeping in the courtyard of his house. Muktabai saw the deceased Kamlakar going to the kutta and sleeping there. At about 1.30 a.m. on 24th April, 2000 Muktabai (PW 3) saw the accused followed by his brother Kamlakar and father Janardhan going to the kutta from the backside lane of the buddha vihar temple. The accused was carrying a crow-bar and his brother Kamlakar was carrying a stick. The accused climbed on the kutta and hit Kamlakar with the crow-bar on his head. His brother Kamlakar hit the deceased with the stick. Their father Janardhan was instigating the accused and his brother Kamlakar by saying ".........." (Assault). Nagbhushan Bansode (PW 4) woke up due to the sound and saw the accused hitting the deceased who was sleeping on the kutta in front of buddha vihar with a crow-bar. Nagbhushan thereupon shouted ".................... " (why are you assaulting ) and he ran towards the direction of the kutta. Thereupon the accused left his crow-bar on the ground and ran towards his house followed by his brother Kamlakar who ran away carrying the stick. Janardhan, the father of the accused picked up the crowbar and also followed the accused and his brother. Nagbhushan Bansode saw the deceased who had bleeding injury and was lying unconscious. Other persons from the locality including Bablu Gaikwad (PW 8) and Vasant Sonawane (PW 6) the uncle of the deceased came to the spot. The deceased was then put in an autorickshaw and was taken to the civil hospital, where he was declared dead on arrival. Vasant Sonawane, uncle of the deceased (PW 6) lodged a report about the incident at Samarth out post of Jail Road police station. In the same night the police commenced the investigation and apprehended the accused at 6 a.m. The brother and the father of the accused were also apprehended and all of them were charged for the offence of murder punishable under section 302 read with section 34 of the Indian penal code.

(3.) Chandrakant Depe (PW 1) a surveyor from the office of the city survey was called to draw a map of the spot of the incident. The map drawn by him was produced at Exhibit 16 and the map was proved by examining Chandrakant Depe as PW 1. In the cross-examination he admitted that the map was not drawn to scale. He however, denied the suggestion that there was no mercury lamp posts as shown in the map. The prosecution also examined Dharma Gaikwad (PW 2) who was a panch witness for the arrest panchanama as also the seizure of the clothes and the panchanama of the spot of offence. He has stated that the accused was arrested in his presence and the blood stained shirt and the pant of the accused were seized in his presence and sealed separately in different packets. His signature was also on the two packets respectively containing the shirt and the pant of the accused. He has also proved the spot panchanama from where the sample of the blood stained " furshi " (stone flooring) of the kutta was also taken. He has withstood the cross-examination.