MACHINDRA BABU SALVE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant aggrieved by the judgment and order dated 27th December, 1982 passed by the learned Additional Sessions Judge, Solapur, in Sessions Case No. 89 of 1982, convicting and sentencing him to undergo imprisonment for life under Section 302, IPC. has come up in appeal before us. Along with the appellant four others, viz. (1) Gajarabai Uttam Salve, (2) Kamal Machindra Salve. (3) Sojarbai Uttam and (4) Dagadabai Babu Salve were also prosecuted and tried but they have been acquitted vide the impugned judgment.

(2.) BRIEFLY stated the prosecution case runs as follows : the deceased Rama Savala Salve, his son Harishchandra Rama Salve P. W. 8, his daughter Sharda Ramchandra Salve P. W. 11, and Balu Sakharam Ghadge P. W. 12 were residents of village Pomalwadi, situated within the limits of village and Police Station, Karmala, Dist. Solapur. The appellant and the acquitted accused persons were also residents of the said village. On 26-2-1981 Rama Salve and his son Harishchandra had gone to the market from where they returned at about 5 p. m. Thereafter, Rama Salve went inside the house and Harishchandra outside the house started examining the clothes purchased by him in the market. At that time he heard the cries of Uttam (a co-accused in the instant case, who died prior to the commencement of the trial), the two wives of Uttam, Gajarabai and Sojarbai, his brother Machindra (the appellant), Dagadabai, the mother of the appellant and Babu Dada Salve, the father of the appellant. The said persons were abusing Rama Salve. By the time Harishchandra entered inside the house to inform Rama Salve, Gajarabai and Sojarbai felled Rama Salve down. The appellant and Uttam assaulted Rama Salve with a knife. Gajarabai, Kamal, Sojarbai had Dagadabai held Rama Salve. Harishchandra tried to rescue his father but Uttam hurled a stone at him which struck him on his head. Kamal assaulted Sharda, the daughter of Rama Salve who rushed to the rescue of her father with a stone and also slapped her. Kamal was shouting that Rama Salve was not dead and should be beaten and saying this she handed the crow bar which she was carrying, to the appellant and the latter assaulted Rama Salve with it resulting in his death. After assaulting Rama Salve, Harishchandra and Sharda, the appellant and others are alleged to have run away. After the incident Harishchandra went to Parewadi to call his uncle Laxman Salve. Thereafter, both he and Laxman Salve came to village Pomalwadi. Harishchandra stayed there but his uncle Laxman Salve proceeded towards Jinti for going to the police outpost. At about 7. 30 - 8 p. m. Laxman Salve returned with the police. After arrival of the police Harishchandra and Sharda, who were waiting at some distance from their house went to their house, and found that Rama Salve was dead. Thereafter, the police took Harishchandra and Laxman Salve to Karmala police station for lodging the FIR.

(3.) THE FIR of the incident was lodged by Harishchandra Salve P. W. 8 on 27-2-1981 at about 4. 30 a. m. at Karmala Police Station. On its basis PSI Subhash Shinde P. W. 16 registered C. R. No. 17 of 1981 under Sections 147, 148, 302 read with 149, IPC. against the appellant, the acquitted accused persons, Uttam and Babu who died prior to the commencement of the trial.