STATE OF MAHARASHTRA Vs. GOVINDA GANPAT MOTGHARE

JUDGEMENT

(1.) The State has preferred this appeal against the acquittal of the respondents (hereinafter referred to as ''the accused'') of the offence punishable under Section 302 read with Section 34 of the Indian Penal Code by the Additional Sessions Judge, Bhandara in Sessions Trial No.90/1989 decided on 30.1.1991.

(2.) Accused no.1 Govinda s/o Ganpat Motghare and accused no.2 Bhaurao s/o Ganpat Motghare are real brothers. They are resident of village Belgaon. Sahdeo s/o Kamaji Wat (PW 1), Deodas s/o Kamaji Wat (PW 5) and Shivdas s/o Kamaji Wat (deceased) were real brothers. Shantabai (PW 2) is the widow of Shivdas Wat. Kailash (PW 4), Vilas (PW 3) and Bharat are the sons of Shivdas and Shantabai. All of them are resident of village Belgaon. Accused No.1 Govinda and accused no.2 Bhaurao as well as Deodas (PW 5) and Shivdas (deceased) were cultivators and they also used to distill illicit liquor. There was business rivalry between them.

(3.) Sahadeo, Deodas and Shivdas were residing separately with their family members in the vicinity of each others. During the night between 20 and 21st of September, 1989 Shivdas (deceased) and Shantabai (PW 2) along with their children were asleep in the 'chapri' of their house. PW 2 Shantabai and her sons were awakened on hearing the cries of Shivdas as .melo re bapa.. They saw that accused no.2 Bhaurao Motghare was holding Shivdas, accused no.1 Govinda Motghare was beating Shivdas with Hammer and accused no.3 Madhao Marbate was assaulting Shivdas with Barchhi. PW 2 Shantabai came out of the 'chapri', ran towards lane and raised shouts for help. Thereupon the accused persons fled from the place of incident. Several persons including PW 1 Sahadeo Wat and PW 5 Deodas Wat rushed there on hearing the shouts of Shantabai. It was found that Shivdas succumbed to the injuries. Thereupon the Police Patil wrote the report and PW 1 Sahdeo signed it. The said report (Exh.53) was forwarded to Police Station, Mohadi through Out-Post Kardi. On the basis of the said report Crime No.101/1989 under Section 302 r/w 34 of the Indian Penal Code was registered against accused no.1 Govinda Motghare and accused no.2 Bhaurao Motghare at Exh.72. Immediately thereafter investigation commenced. Inquest panchanama (Exh.28), spot panchanama (Exh.27) and seizure panchanama (Exh.30) were prepared. Statements of witnesses were recorded. On the same day PW 6 Dr. Avinash Asaram Rode, Medical Officer, General Hospital, Bhandara conducted post-mortem examination. Besides incised and lacerated wounds, three penetrating wounds in right hypochondrium 2'' x '' were noted. All those injuries were ante-mortem. The probable cause of death was haemorrhagic shock due to massive blood loss. The accused persons were arrested. An iron Hammer was discovered at the instance of accused no.1 Govinda Motghare. A Barchhi was discovered at the instance of accused no.3 Madhao Marbate. The Chemical Analysis revealed that human blood was detected on those articles. Baniyan and chaddi of accused no.1 Govinda Motghare and accused no.3 Madhao Marbate were seized. The Chemical Analysis revealed that they were stained with human blood. After completion of investigation the accused were charge sheeted.