VITHAL CHIMARAYA GAWADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant, the original accused, in Sessions Case No.109 of 1987 has preferred this appeal against the judgment and order passed by the Court of the 4th Additional Sessions Judge, Solapur whereby the accused was convicted for the offence punishable under Section 302 of I.P.C. and sentenced to suffer imprisonment for life and fine of Rs.2000/- i.d. to suffer rigorous imprisonment for one year.

(2.) Brief facts giving rise to this appeal are as under:

(3.) On 23.1.1987 P.W.5 Krishna wanted to go to village Mandrup as it was a bazaar day of village Mandrup. He, therefore, went to the house of deceased Rangnath and asked him to provide his bicycle. However, Rangnath also wanted to go to market at Mandrup. Hence both of them went to village Mandrup at about 10.00 a.m. P.W.6 Tukaram as well as Vithal had also gone to village Mandrup for selling their vegetables. After selling the vegetables in the market, in the evening P.W.5 Krishna, P.W.6 Tukaram, accused Vitthal, deceased Rangnath and P.W.8 Laxman gathered at the S.T. Stand. It was decided between them that accused Vithal should give liquor party. He was to spent for liquor while, P.W.6 Tukaram was to pay for Chiwada. Hence all of them except P.W.8 Laxman went to liquor shop. After consuming liquor all of them returned to S.t.Stand and then they also ate Chiwada, then again they decided to visit the liquor shop and to have more liquor. So, again they went there. At that time Laxman also accompanied them and they in fact took out Rs.20/- from Laxman to satisfy the liquor bill. However, they were in need of Rs.8/-. For that purpose Tukaram put his hand in the pocket of Chatan of accused to find out money. However, at that time he found that there was knife in his pocket. Tukaram told accordingly to others. Finally, all of them returned to S.T.Stand and then they started returning to their village. The bicycle of the accused Rangnath was with P.W.5 Krishna, he and Namdeo went ahead. Thereafter Rangnath took the bicycle from Tukaram and started proceeding. However, he fell from the bicycle near Kastyachi Vihir. Thereafter Tukaram took the bicycle and went away and accused Vitthal, deceased Ranganath and Laxman started proceeding towards the village. At that time Rangnath uttered some abusive words in Kannadi language. As a result of the same accused Vitthal got annoyed and there was some exchange of words between the accused and deceased and then accused Vitthal immediately took out knife from his pocket and gave blows with knife on the chest and stomach of Rangnath. As a result of which he fell on the ground. Seeing this incident Laxman got afraid and started running away from the place, but accused chased him and caught him and gave a threat that he would finish him if he would disclose about the incident to anyone. On so saying, the accused ran away from the said placed through the field. Laxman also went running to his house.