SHRIRANG SHANKAR LOKHANDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant aggrieved by the judgment and order dated 2-6-1982 passed by the Extra Additional Sessions Judge. Satara in Sessions Case No. 10 of 1982 convicting and sentencing him to undergo life imprisonment under section 302, I. P. C. has come up in appeal before us.

(2.) BRIEFLY stated the prosecution case runs as under: The appellant and the deceased Arjun Deoba Jagdale were friends. On 21-3-1981 Arjun had come to the house of the appellant and the two of them had consumed liquor alongwith P. W. 4 Jagannath Tupe. After consuming the liquor at about 8 p. m. the appellant and Arjun came to Mhaswadinjabav Road. At that time Balu Gulab Bansode P. W. 7, who had gone to answer the call of nature, saw that the appellant and Arjun had reached the electric pole situated near the road and were talking with one another. After answering the call of nature Balu came on the road. He heard the appellant telling Arjun that when he had tied a Toran in his house, why was he picking up a quarrel. Arjun replied that he was not picking up any quarrel and instead it was the appellant who was picking up a quarrel. On that he appellant is alleged to have said that ill now he was not picking up a quarrel and now he would pick up one. Saying this he is alleged to have pushed Arjun to the eastern side and hurled one stone towards him which did not strike him. Arjun also hurled a stone towards the appellants but the same also did not strike the latter. Thereafter Arjun came and hid himself behind the northern wall of Draupadabai. The appellant who was standing behind the bath-room of Draupadabai with both of his hands picked up a stone and hit Arjun on the head with the same. Arjun fell down as a result thereof. This incident is also alleged to have been seen by Chaturabai Pandurang Gaikwad P. W. 5 and Digambar Maruti Bansode P. W. 6. After assaulting Arjun, the appellant is said to have run away. Thereafter Balu went to his house and narrated the incident to his father Gulab. After narrating the incident to his father Balu went off to sleep. It is also alleged that Mahadeo Babu Patole P. W. 9 saw the appellant running away from the spot and Arjun lying towards the western side of Patolewada.

(3.) THE same day at about mid night Pandharinath Vithoba Kapse P. W. 14. Police Patil of village Injabav received information that the corpse of Arjun Jagdale was lying to the northern side of the house of Draupa4abai. He went and found the corpse lying there. Thereafter he went to Mhaswad Police Station and reported the matter to the police at about 7 A. M. on 22-3-1981. His written statement which was recorded at the Police Station is at Exhibit 27. On the basis of the statement of Police Patil, P. S. I. Vithal Faquira Kale P. W. 17 registered the case as one of accidental death.