PANDURANG LIMABJI LANDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE judgment and order dated 31st March 1994 passed by the learned Sessions Judge, Solapur, in Sessions Case No. 283 of 1993 is challenged in this Appeal by the Appellant (original accused). By the aforesaid judgment, accused/appellant was convicted for the offence under Section 302 of the Indian Penal Code (IPC) and sentenced to undergo rigorous imprisonment for life.

(2.) ACCORDING to the prosecution, deceased Sukhdeo Lande and accused Pandurang Lande are cousins. There was a dispute with regard to the fields which they occupied. According to the prosecution, the said dispute was settled, but after that again dispute arose on the allegation that the accused had changed boundary of their fields and then deceased restored the boundary. On this issue, a quarrel ensued between them. On 24th August 1993 at about 9.00 a.m. the deceased, after giving water to his crops from the well in the field of Ganpati Pathkar, put off the electric motor there and he was standing there. The accused went there and asked deceased Sukhdeo why he ploughed his boundary and abused him. Deceased Sukhdeo told the accused that four persons should be called and according to their opinion the place of boundary should be fixed. The accused did not pay any heed to it. He threatened Sukhdeo that he would kill him. He then pulled him down. He gave to 10 blows with a knife on his chest and abdomen. Sukhdeo was shouting, hearing which P.W. No. 12 Pramod went there and requested the accused to stop. P.W. 12 went to call somebody to rescue Sukhdeo. P.W. 5 Krishnadeo went there. When he went there, the accused was holding the collar of Sukhdeo by his left hand, giving knife blows on the chest and abdomen of Sukhdeo sitting on his chest. P.W. 5 caught hold of the accused's banian and pulled him back from the chest of Sukhdeo. P.W. 13 then brought a Dhoti and wrapped the injuries of Sukhdeo with it. The deceased was taken to General Hospital, Solapur.

(3.) KRISHNADEO (P.W.5) then asked P.W. 12 to give a call to Rajendra Lande (P.W. 13) and ask him to bring Dhoti for bandaging the wounds of Sukhdeo. However, he says that P.W. 12 shouted aloud addressing Rajendra saying that Panduranga inflicted injuries to Sukhdeo by means of knife and he should bring a Dhoti. Rajendra Lande (P.W. 13) came there with a Dhoti. Dhoti was wrapped over the injuries of Sukhdeo. Then P.W. 12 brought bullock cart there. Rajendra and Krishnadeo put Sukhdeo in the bullock cart. Krishnadeo told him that he was going to inform the matter to Bhamabai, wife of Sukhdeo, and he should take Sukhdeo to bus stop. He and Rajendra (P.W. 13) were taking Sukhdeo in the bullock cart. On the way Sukhdeo told them that he was severely injured by the accused; that he would not survive and that he should be quickly taken to the hospital. They came to the bus stop at Kurul. Bhamabai came there. Rajendra made a jeep to stop and according Bhamabai and Rajendra took Sukhdeo in that jeep towards Solapur. Then P.W. 12 took back his bullock cart. He also identified the knife which was used by the accused for inflicting injuries on the deceased. In the cross-examination of this witness, his testimony could not be shaken. But P.W. 12 says in the cross-examination as follows :-