GULAB BHEDUJI YEDME Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE three accused in sessions Trial No. 139/70 of the Court of Additional Sessions Judge, Yavatmal are the appellants. The second accused was convicted for the offence punishable under Section 302 I. P. C. and accused Nos. 1 and 3 were convicted for the offence punishable under section 302 nw 34 I. P. C. All the accused were sentenced to undergo imprisonment for life for the offence punishable under section 302 I. P. C. Aggrieved by the said conviction and sentence, the said accused persons have come up in appeal.

(2.) ON 6/5/1990 from 6. 00 p. m. , P. W. 1 Ramaji was selling country liquor in the field of Dr. Lachke. The prosecution alleges that the deceased Shalik came there consumed 250 gms. of liquor. After some time, the three accused came there and the third accused Gulab purchased liquor for himself and for 2 other accused and after consuming liquor they went away. The second accused Kishor left his slippers. After sometime, accused persons again came and consumed liquor. They noticed Shalik wearing slippers of Kishor and therefore, they questioned the deceased as to why he was wearing slippers of Kishor. Then, though deceased returned the slippers, there ensued a quarrel between second accused and deceased Shalik. This was followed by a scuffle between the deceased and accused No. 2 Kishor. Thereupon first accused caught hold of the left hand of deceased and the third accused caught hold of his right hand. The third accused gave article 1- knife to the, second accused, with which second accused inflicted a stab injury on the chest of Shalik. The deceased fell down. On the fall of the deceased, accused 1 and 2 left the place, while third accused stayed on. Hearing the commotion from the field of Dr. Lachke, P. W. 7, who was answering the call of nature proceeded to the scene. In meanwhile, P. W. 2 son of P. W. 1, who was at the place of occurrence, went to the house of the deceased and informed P. W. 3 widow of the deceased as to what had happened. Hearing this, father of the deceased P. W. 8 rushed to the scene and P. W. 7 proceeded to the police station. He tendered Exh. 40 F. I. Statement to the police officer P. W. 6, who registered a crime against all the three accused for the offence punishable under section 302 nw 34 I. P. C.

(3.) INVESTIGATION was taken over by P. W. 6. He proceeded to the scene, prepared spot panchnama and also held inquest on the dead body. He made arrangement for sending the dead body for postmortem. P. W. 4 conducted autopsy on the dead body and issued Exh. 26 - Post-mortem report. After completion of investigation, P. W. 16 P. S. I, filed charge-sheet before the Court. After committal, the learned Judge framed charges against the second accused for the offence punishable under section 302 and under section 302 nw 34 I. P. C. against accused Nos. 1 and 3. The prosecution examined P. W. 1 to P. W. 17 on behalf of the prosecution and also questioned accused persons under section 313 Cr. P. C.