PUNDLIK VITTHAL JAMADAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appeal is directed against the conviction of the appellant for the offence punishable under section 302 of the Indian Penal Code and sentence of imprisonment for life imposed by Additional Sessions Judge, chandrapur in Sessions Case No. 96/2000 decided on 30-11-2001.

(2.) On 5-4-2000 at 4. 35 a. m. Sunil Bhaurao More (PW 7) came to Police station, Bhadrawati and lodged oral report (Exh. 39) to the effect that about eight days back because of some quarrel the appellant was abusing and threatening him and others. On 4-4-2000 around 9. 30 p. m. PW 7 Sunil Bhaurao More and Sudhir bapurao More were sitting in a cot. At that time the appellant went murmuring from the front of the house of Sunil More. Sunil More and Sudhir More did not say anything to him. Thinking that the appellant might have left the place, Sudhir more started going to his house. As soon as Sudhir More came out of the compound of the house of Sunil More, the appellant rushed there with a sharp weapon and gave a blow on the stomach of Sudhir More near the house of baburao Pal. Sunil More apprehended the appellant. PW 8 Bandu alias Vilas bapurao More, Baban Ghotkar, Surendra Ghotkar and Ambadas rushed there and beat the appellant. They removed Sudhir More by a Matador to the Hospital at bhadrawati. The appellant was also taken in the Matador. Sudhir More was declared dead. The appellant disappeared from the Matador. The search of the appellant was taken but he was not found. On the basis of the said report Crime no. 42/2000 under section 302 of the Indian Penal Code was registered against the appellant at Police Station, Bhadrawati.

(3.) Pw 9 Dr. Suman Zurmure and PW 10 Dr. Malik Parmar, Medical officers of Primary Health Centre, Bhadrawati conducted post-mortem examination. Besides two abrasions they found two stab wounds on left side of chest. In their opinion, the probable cause of death was multiple organ injuries caused by penetrating stab injuries to the chest.