SUKHDEO MAHADU GHUMARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant who is convicted and sentenced for the offence punishable under Section 302 of Indian Penal Code, in Sessions case No. 47/1990, by the Additional Sessions Judge, Beed, has preferred this appeal against the conviction and sentence.

(2.) THE case of the prosecution is that the accused Sukhdeo and his brother Ashok are resident of village GhatPimpri (Taluka : Ashti, District: Beed). On 19.6.1989, at about 8.00 p.m., Madhukar Gangaram Talekar, also resident of village GhatPimpri, was called by the accused appellant Sukhdeo and his brother Ashok at their house to settle the account about the amounts advanced by the accused to Madhukar. A quarrel took place between them and the accused appellant Sukhdeo stabbed Madhukar with Gupti. Murlidhar Zanje (PW 4) and Uttam Talekar (PW 5) who were passing from near the house of the accused, saw this quarrel and they were proceeding to the spot of the quarrel, but before that, the stabbing took place. Gangaram (PW 2), father of deceased Madhukar, also reached at the place immediately after the incident. Both the accused had ran away from the place of incident. Madhukar was bleeding profusely. He was given water and then he was taken to Primary Health Centre at Dhamangaon by bullockcart for medical treatment. The Doctor there declared that Madhukar was dead.

(3.) THE Judicial Magistrate (F.C.), Ashti, committed the case to the Court of Sessions at Beed, for trial.