VIJAY LAXMAN PAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By the side of Poona-Bangalore Highway within the limits of Satara City Police Station is road that goes to Godoli Village. Near that road, Balu (P.W. 11) with his family was residing in a hut. His family consisted of his wife Shalan, two sons and one daughter. Ashok, the victim of the offence was of 16 years of age, while the other son, Hambirrao (P.W. 3) was about 8 years of age when the incident occurred. The daughter was by name Chhaya. It has been the case of the prosecution that upon information given by Shalan, the mother of Ashok, the offence was registered. However, Shalan was not available, she having died admittedly some time in July 1984.

(2.) The present appellant-original accused stood charged for having committed the murder of Ashok during the night of 30th May, 1983 while Ashok was sleeping outside the hut of Balu. It has been the prosecution case that during the course of that day, the brother of the accused by name Rambhau had visited Balu and both Balu and Rambhau had gone to the employer of Rambhau and recovered a sum of Rs. 100/- and thereafter Rambhau, Balu as well as accused Vijay had all taken drinks costing Rs. 2/- each. That was all during the day-time. At about 7 p.m., Rambhau had approached Balu and demanded Rs. 2/-. Balu explained that he had no such money and thereupon, it is the case of the prosecution, there was some altercation between Rambhau and Balu. The accused had then told Rambhau to go home and that he would look into the matter. The prosecution does not allege that in the entire incident, the deceased, Ashok was, in any manner, concerned. However, it is the case of the prosecution that on the same night at about 9. p.m., while Ashok was sleeping along with Hambirrao (P.W. 3), it was the accused who came and assaulted Ashok by means of a knife, as a result of which Ashok received homicidal injuries and when he was taken to Dr. Sangale (P.W. 8), he was already dead. Dr. Prakash Ahivale (P.W. 9), eventually, subjected the dead body of Ashok to post-mortem examination. The body had seven external injuries showing consistently that Ashok must have been assaulted by means of a knife.

(3.) For the purpose of the present appeal, it is not in dispute that Ashok met with a homicidal death and the evidence of Dr. Sangale and Dr. Ahivale is quite enough to hold so.