ANIL SHYAMRAO KOLCHARLEWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant/accused has challenged his conviction for the offence punishable under Section 302 of IPC and sentence of imprisonment for life and fine of rs. 1,000/- in default R. I. for 3 months imposed by 2nd Additional Sessions Judge, Chandrapur in Sessions Case No. 140/1992 decided on 17-4-1993.

(2.) The appellant had five sisters namely Urmila, Nalu, Lila, Mangala and Pratibha. Urmila, Nalu and Mangala are married. Lila and pratibha were unmarried. The appellant has no brother. His father died in the year 1987 leaving behind him ancestral land at village Titvi and village Paradpar, tahsil Chimur, district chandrapur. His father had given 2 acres land to each sister of the appellant. About 28/29 acres of land is in the name of the appellant. The relations between the appellant and his brother-in-law Hanumantrao Bongirwar (Husband of Nalu) were strained because of monetary affairs. His mother is alive. Appellant's mother Sushilabai is alive.

(3.) From the rainy season of 1991, the appellant was residing alone at village Titvi for looking after his land. His mother Sushilabai and sisters Lila and Pratibha were residing at village Paradpar. On 20-3-1992 in the morning the appellant went to village Paradpar for giving mutton to his mother and sisters. However, his mother and sisters abused him. His sister nalu and Lila assaulted him. In order to save himself, he ran towards his field situated near village Titvi. After about half an hour his sister lila came to Titvi for working on road near the field of the appellant. When he saw her, the appellant at once assaulted her with Bichva-Adkitta. He gave several blows with the result she died on spot. Several labours who had come for the work on road, had seen the incident. However, nobody rescued her. Thereafter the appellant went to the house of Police Patil namely Dattu Kashiram Wankhede of village titvi and narrated the incident to him. The police Patil asked him to accompany him to the police Station. Accordingly the appellant accompanied the Police Patil to P. S. Bhishi and informed the Police about the incident. He also produced Bichva-Adkitta. PSI Deshpande (P. W. I2) took down the statement of the appellant (Exh. 45). PSI Deshpande registered crime No. 19/1992 under Section 302 of IPC against the appellant. PSI Deshpande seized bichva-Adkitta stained with blood under seizure panchanama Exh. 29). PSI Deshpande arrested the accused and seized blood stained full pant, blood stained shirt and blood stained baniyan from the accused under seizure panchanama (Exh. 30). The appellant was sent for medical examination. P. W. 8 Dr. Kuril, Medical Officer, primary Health Centre. , Bhishi examined the appellant. He noted contusions and incised wounds on the person of the appellant and issued medical certificate (Exh. 32). PSI deshpande proceeded to the spot. He prepared spot panchanama (Exh. 9) and inquest panchanama (Exh. 41). On the next day autopsy was conducted by P. W. 9 Dr. Swami, Medical officer, Rural Hospital, Chimur. He noted as many as 22 incised wounds on the upper part of the body of the deceased. In his opinion, the probable cause of death was shock due to internal haemorrhage due to injuries caused to (1) lungs, (2) liver, (3) stomach and (4) kidney. The property was sent for chemical analysis. Blood of group "o" was found on the knife (Bichva-Adkitta) and clothes of the deceased and the accused. The blood group of deceased and accused, however; could not be ascertained. After completion of investigation, the accused was charge-sheeted.