NIVRITTI RAU AWATE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal has been filed, challenging the conviction of the accused Nivritti Rau Awate, u/s 304 (Part I) of IPC and sentence of 8 years RI imposed on him by the judgment and order dated 25th January 1982, passed by the Ld.Sessions Judge, Kolhapur in Sessions Case No.76 of 1981.

(2.) THE Appellant/accused originally was charged u/s 302 of IPC for the murder of one Ananda Gundu Kambale resident of Yelged of Taluka Hatkenangale, in the District of Kolhapur. The said incident of murder had taken place on 22nd June, 1981 at about 9 p.m. in the night. The accused Nivrutti is a Mang by caste, while deceased Ananda is a Mahar by caste and the said murder is said to have been committed in the locality known as Harijanwadi, where the deceased was residing. The circumstances, in which the said offence is committed are briefly stated hereinbelow.

(3.) THE prosecution has led the evidence of 13 witnesses. PW-1 Vishnupant Govind Shinde has drawn the map of the scene of offence. PW-2 Bhupal Dada Patil is the Police Patil of Yalgud who lodged the FIR dated 22nd June, 1981 Exh-12. The two eye witnesses who had witnessed the incident of assault on the deceased by the accused have been examined as PW-3 Anusaya Hariba Kambale and PW-4 Shirmabai Keshav Todkar. There is one more witness. who has been examined as PW-6, Gulab Piraji Kambale, who had seen the accused running away after the commission of the offence with dagger in his right hand, which is article no.2 before the court. The prosecution has also examined PW-5 Raosaheb Patil who had performed the post mortem on the body of the deceased Ananda. He noted one injury i.e. "stab wound on the right side of the back at the level of 5th and 6th vertibra, verticle 3 cm in length and 1 cm. wide and was organ deep. It was 24 cm. away from the midline." He also noticed corresponding internal injury being the fracture of 5th rib posterirbly. The said injury has lacerated the vital organ viz. lung, right lung lower lobe, which was on the posterior surface is" deep. He also found the blood had clotted and collected in thoratic cavity. According to him the cause of death was due to shock due to internal haemorrhage, due to injury to the right lung. As per the deposition of the Doctor, the said injury could be caused by stabbing with dagger article no.2 before the court. The other witnesses which were examined by the prosecution are PW-7 Ganpati Dattu Mandlik who was the panch, who had prepared panchanama Exh-19 attaching the shirt of the accused which was worn by him at the time of his assault and the knife which was held by the accused and which is the weapon used by the accused for the commission of this offence i.e. article no.2 before the court. The prosecution also examined PW-8 Tilaksingh Thakur who had seen the accused running away after the said incident. PW-9 Chokha Mahadeo Kambale is the panch for the panchanama Exh-23 of the scene of offence. PW-10 Biru Hingappa Divte is the police constable who took the dead body to Ichalkarenji for post mortem examination. PW-11 Pandurang Chauhan is the police constable who took muddemal articles to the Chemical Analyser for their examination. PW-12 Mahadeo Nana Dalvi is the police constable who had recorded the FIR Exh-12 and undertook initial investigation after recording the complaint. He has drawn FIR as well as occurrence report which is Exh-28. The main investigation was carried out by Tatyasaheb Dayaji Thorat, Police Sub Inspector, Kolhapur.