MARUTI NARAYAN KALAMKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal is filed by Maruti Narayan Kalamkar, the accused, against the judgment and order dated. 21st August 1993, passed by the learned Sessions Judge, Ahmednagar in Sessions Case No: 181/1993 whereby, the accused was convicted for the offence punishable under section 302 of the Indian Penal Code and is sentenced to suffer R. I. for life.

(2.) THE facts as narrated by the prosecution are, that the accused Maruti is the resident of Daithane-Gunjal, Taluqa Parner. Maruti was staying in the house with his wife -Meerabai; two sons i. e. Sandeep and Kuldeep ad two daughters, namely, Alka and Rohini, who were aged about eight and four years respectively. It is the case of the prosecution that on 16th April, 1993 at about 8.30 a. m. , accused Maruti lodged a Complaint (Exh. 37) in Police Station Parner where PSI Chavan was working as a Police Station Officer. THE complaint is that on 23rd December 1992, the accused Maruti had purchased Gut No.312 ad measuring 26 gunthas for Rs. 26,000/- from Bapu Bhau Kalamkar. However the brother of the vendor, by name, Chandrabhan, obstructed his cultivation on the said field. This prompted Ananda Bapu Kalamkar, the son of the vendor, to file an application before the Tahsildar, Parner against the complainant. Inquiry in the said matter, on the basis of that application, was held on 15th April 1993 in Tahsil Office, Parner, which was attended by the complainant and also his brother-in-law Madhav Choudhari. On Completion of the work on that day in Tahsil Office, the complainant - accused returned to his house at Daithane-Gunjal at about 4.30 p. m. and after completing his usual work at about 10.00 p. m. , the complainant went to bed on the otta of his house which was in front of the house in the land. THE prosecution case, further, proceeds by mentioning that Rohini, the daughter of the accused, was also sleeping with him on the otta, whereas the wife of the accused - Meerabai, his two sons and elder daughter were sleeping inside the house. In the night at about 3.00 a. m. , on hearing the cries of his daughter - Rohini, the complainant woke up from the sleep and saw that Ananda Bapu Kalamkar, Sopan Bapu Kalamkar and Bapu Bhau Kalamkar, were standing at his feet. According to complainant-accused Ananda Bapu Kalamkar was having a knife and Bapu Kalamkar had stones in his hands. On noting the presence of the persons, the complainant got frightened and shouted because of which, the above-named three persons made an escape by running away. On hearing the shouts, the complainant's wife, his brothers and sisters-in-law came to him. It is the case of the prosecution that the complainant with stones in his hands tried to follow those persons to some distance. However they ran away towards their houses. Meerabai, the wife of the complainant, removed the bed-sheet from the person of Rohini and saw that the left side neck of Rohini was cut and blood was oozing from the injury and Rohini was dead. It is further alleged by the prosecution that the complainant immediately, on foot, went to village Jamgaon and from there with his brother-in-law Madhav came to Parner. According to him, he had sustained the injury to the back side of his right shin while he was following the accused persons and further he says that the injury on the palm was caused to him due to the knife in the hand of Ananda Kalamkar. THE Complaint, thus, specifically, allege that the above-said three persons killed his daughter - Rohini by knife. This complaint was recorded by PSI Chavan at Exh. 37 and necessary offence was registered bearing No.61/93. On the basis of this complaint, PSI Chavan investigated the matter. He sent the complainant-accused with a letter to the Medical Officer, Parner for examination and he himself proceeded to the place of offence i. e. Daithane-Gunjal. THE Investigating Officer prepared Inquest Panchnama (Exh. 16) in presence of two Panchas on the dead body of Rohini and arranged to send her body for post-mortem to Civil Hospital, Parner. Necessary Panchnama to that effect was drawn vide Exh.17.He also attached the clothes stained with blood which were found at the otta of the house of the accused. He also searched the house of three persons named in the complaint as per Panchnama Exh.17.He also recorded the statements of about 20 persons on that day who were the resident nearby the house of the accused.

(3.) WE have heard Mr. A. B. Gatne, the learned Counsel appearing for the appellant-accused at length, and also the learned Assistant Public Prosecutor Shri S. V. Chillarge, for the State.