MADHUKAR RAMSINGH ALKARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant is convicted for having committed murder of his nephew Kamlakar and is sentenced to suffer imprisonment for life by IInd Ad-hoc Additional Sessions Judge, Jalgao. This order dated 1st April, 2005, is impugned in the present appeal.

(2.) Facts of the prosecution case lie in a narrow compass. Radhabai ramsing Alkari (Rajput) of village Shirsad has four sons Mangalsing (P. W. 2) , bhagwat (P. W. 1) , Vitthal and Madhukar (Appellant) and three daughters. The daughters are married and reside at their matrimonial house. Radhabai and her sons reside separately. Bhagwat had two sons Kamlakar aged 24 years and rajendra aged 12 years. Wife of appellant secured a divorce and has left two young daughters Sonabai and Pooja with the appellant. The family has four bighas of ancestral land which was given to Pradeep Mahajan (P. W. 4) for cultivation on yearly rent of Rs. 7000/ -. Income from the field is equally shared by the mother and the sons. On the insistence of the appellant the land was subsequently partitioned. Each sharer got Twenty five gunthas of land in the partition. Appellant had given his land to Pradeep for cultivation on yearly rent of rs. 2100/ -. He desired to sell the land but could not do so as other sharers opposed on the ground that he would require money in future for the marriage of his daughters. The appellant was thus angry with his brothers and was threatening them with dire consequences.

(3.) Field of Ambadas Kisan Alwal was taken for cultivation by Bhagwat on half share basis. On 11th March 2004 Kamlakar went to this field at about 4. 00 to 5. 00 p. m. as wheat crop was recently harvested from the field. On his way back appellant met him at about 5. 00 p. m. outside the gate of the field of Bhagwan shivdas Badgujar. Appellant asked him to tie bunch of raw bananas to his bicycle. After he finished the work and was still bending, appellant inflicted blow with sickle on the backside of his head. When he turned round, he found the second blow coming and blocked that blow with right hand, sustaining injury to right palm. After the assault the assailant left the place. Kamlakar met Bhura pawari (P. W. 5) who was returning to Shirsad in his bullock cart by Deulwada road and climbed his bullock cart. When Bhura asked him about injuries on his neck and palm, Kamlakar disclosed that his uncle Madhukar had inflicted those injuries. After some time Bhura saw Mangalsing going to the village in his cart and stopped him. Kamlakar got down from the cart of Bhura and climbed the cart of Mangalsing. Kamlakar also disclosed to his uncle Mangalsing of the assault by the appellant. Mangalsing took Kamlakar to his house where Kamlakar disclosed to his father Bhagwat that he was assaulted by uncle Madhukar and lost consciousness. Kamlakar was then taken to Sakali Rural Hospital. As his condition was serious, Kamlakar was referred to Civil Hospital, Jalgaon, but was taken to Neurology and Trauma Center of Dr. Jain at 9. 00 p. m. Dr. Pankaj Rane (P. W. 7) who was on duty found that the deceased was unconscious and in serious condition. The deceased had two injuries, one on retro-auricular (behind right ear) and the other on right palm. Both were incised injuries having clean cut margins. The doctor informed Zilla Peth Police Station where A. D. (Ex. 40) was registered at zero number and Head Constable Sonawane was directed to record statement of the deceased. When the Head Constable approached him at the hospital, Dr. D. R. Sonawane made endorsement on memo (Ex. 30) that the patient is not in a position to make a statement. The patient succumbed to the injuries on 12th March 2004 at about 7. 35 in the morning. After the death was reported, Officer from Zilla Peth Police Station held inquest (Ex. 14) on the dead body and sent it for the post mortem to the Civil Hospital. Dr. Bharat Sonawane performed the postmortem and prepared report (Ex. 35) giving the cause of death as the head injury and intra-cerebral bleeding.