SYED BABALI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellants are prosecuted for having committed murder of Digamber Shamrao Wankhede of Hadgaon, in furtherance of their common intention and for intentionally insulting and provoking him to commit breach of peace. They are convicted for offences punishable under section 302 r/w 34 and are acquitted for offence punishable under section 504 of the Penal Code by Ad-hoc Additional District Judge, Nanded. This order dated 10th June 2005 is impugned in the present appeal.

(2.) At the outset we may notice relevant facts. Shamrao Wankhede resides with his wife Shantabai and three sons in the hutment at Hadgaon. His twenty year old elder son Digamber ( deceased) was unemployed. The appellants also reside in this locality. Relations between both the families were strained as Chapter Case under section 107 Cr.P.C. was registered against mother of the deceased on the basis of complaint filed by Umdabi, mother of appellant no.1. On 9th April 2004, at about 9.00 a.m. Digambar had a quarrel with the appellants Babali, his wife Begum and Shabana wife of Gaffar, at the common water tap, over taking of water. After the quarrel the deceased returned to the house and his father took over the work of taking water. Mother of the deceased went out from the house at about 9.30 a.m. Taking advantage of the fact the deceased was alone at the house; the appellants went there, abused him, poured kerosene over his person and set him on fire. In response to the cries of the deceased his father came to the house. He saw the appellants sprinkling kerosene over Digamber after beating him and saw them setting him on fire. On arrival of Shamrao, the appellants ran away. Parents of the deceased then brought him to Rural Hospital at Hadgaon. Medical Officer Dr.Haribhau Gadekar treated the deceased and informed the Police of the occurrence by letter ( Ex.26). On receipt of the intimation, ASI Tulshiram Atram ( P.W.9) came to the hospital and recorded statement of the deceased ( Ex.61) after verifying from the medical officer that the deceased is in fit state of mind to make a coherent statement. On the basis of this statement offence came to be registered against the appellants under sections 307, 504 r/w 34 IPC. On registration of the offence PSI Deepak Waghmare ( P.W.7) took over the investigation. He visited the spot and attached can of kerosene found near the place of occurrence on the compound wall of the court yard of the house along with pieces of burnt clothes of the deceased under spot panchnama ( Ex.49) .

(3.) At the trial appellants adopted defence of false implication in view of the previous quarrels and complaint filed by appellant no.4 Shabana, which resulted in filing of Chapter Case against Shantabai, mother of the deceased.