STATE OF MAHARASHTRA Vs. PRAKASH MURLIDHAR BHARNE

JUDGEMENT

(1.) Present respondent prakash and his father Murlidhar were prosecuted for the offence punishable under section 302 read with section 34 of the Indian Penal Code, in Sessions Trial No. 68/1990 before Additional Sessions Judge, bhandara. By the judgment dated 30. 3. 1991 both of them were acquitted. The appellant - State prefers this appeal to challenge that order of acquittal in respect of the present respondent.

(2.) Brief facts leading to the prosecution of the present respondent and his father- Murlidhar, are; that, on 13. 5. 1990, at village Bhawad in the jurisdiction of Police station, Adyal in furtherance of their common intention to commit murder, present respondent Prakash, had violently thrown the deceased Baburao on ground and strangulated him to death. It is also alleged that during the incident, he had given fist blows on the chest of deceased Baburao. The incident had preceded with the quarrel between the deceased Baburao and the mother of the present respondent Indirabai. It is the case of the prosecution that just prior to this incident, in the evening, quarrel began between mother of respondent prakash namely Indira and Prabhawati wife of Baburao. Deceased Baburao came there and caught hold of the hair of Indirabai and assaulted her with Chappal. Deceased baburao abused her in filthy and indecent language. When she shouted for help, sarpanch and Police Patil [p. W. 1 damodhar] came there. This incident was also witnessed by P. W. 2 Naresh son of deceased Baburao. At that time, respondent prakash, had gone for a walk with P. W. 5 shriram. When they reached Barad, P. W. 10 Damodar Dhomne, came there and told respondent Prakash that, there was quarrel going on between his sister Indira and deceased Baburao. It is alleged that damodhar was sent by Indirabai to call respondent Parakash. Respondent came to the spot of incident. He noticed that deceased - Baburao was abusing filthily to his mother Indirabai. On seeing this, respondent Prakash tried to persuade deceased baburao not to abuse her, but in vain. Then respondent again requested deceased baburao to leave and free Indirabai, but he did not do so. At that time respondent prakash lifted Baburao and threw him on the ground. Thereafter, he sat on the chest of Baburao, and tried to strangulate him. He also gave fist blows over the chest and stomach of deceased Baburao. Many persons gathered on the road to see this incident. It may be mentioned that it is the case of the prosecution that after deceased baburao was thrown on the ground, respondent who is a military man had gone to his house and returned with military dress on his person and thereafter, he sat on the chest of the deceased Baburao and gave him fist blows. P. W. 2 Naresh requested him, not to beat Baburao and free him, however, he threatened that he would also be killed. Respondent then walked towards the house of Sarpanch saying that he was going to murder four more persons. Later on, family members of deceased Baburao i. e. wife and son brought Baburao in the house. He was dead at that time. It was night time p. W. 3 Prabhavati, came out of the house in the morning and she went to the house of Police Paul P. W. 1 Damodar Dhomne and told him about the death of deceased baburao. P. W. 1 - Damodhar - Police Patil got the report about the incident prepared and then the same was sent to the Police station. The same is at Exh. 10. It was sent through the son of P. W. 1 Damodhar, as he was ill. The offence under section 302 of the Indian Penal Code was registered. Investigation was carried out by the P. S. I. Pathan P. W. 14. During investigation; he prepared Inquest Panchnama Exh. 11, Spot panchnama Exh. 13. Dead body of the deceased Baburao was sent for postmortem examination. P. W. 11 - Dr. Fegadkar, Medical Officer, Government Hospital, Pauni conducted autopsy. Postmortem notes recorded by him are at Exh. 33. Dr. Fegadkar, noticed five external injuries on his person. Some internal injuries were also noticed. According to him, all these injuries were ante-mortem and the deceased had died, due to shock due to hemorrhage and injuries to the vital organ namely Lungs. He had also opined that the fracture of ribs can be caused either by fall on the ground forcefully or by hit of hard and blunt object, or by forceful hit blows given on the chest. After due investigation, accused persons namely respondent Prakash and his father Murlidhar were charge-sheeted for the aforesaid offences in the Court of Judicial Magistrate, First Class, Paoni.

(3.) As the offence under section 302 read with section 34 of the Indian Penal code was triable by the Court of Sessions. Case was committed to the Sessions Court at Bhandara.