NARHARI S/O. LAXMAN SURYAWANSHI, AGE 66 YEARS, OCC. AGRIL., R/O. RUI (UTTAR) TQ. AHMEDPUR, DIST. LATUR. Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being dissatisfied with the judgment and order of conviction for the offence punishable under section 302 of Penal Code and the resultant sentence to suffer R.I. for life and fine of Rs. 2,000, in default, to suffer R.I, for six months imposed by the learned Additional Sessions Judge, Ahmedpur in Sessions Case No. 12 of 2012, the appellant/original accused by availing the remedy under Sec. 374(2) of Crimial P.C. preferred the present appeal to redress his grievances.

(2.) The prosecution case in nutshell is as under :-

(3.) On the unfortunate day of incident i.e. 14-03-2012 in the morning at about 11-00 a.m. the mother Gayabai, victim Laxman and others had been to the field known as "Bramhanache Shet" (Brahmin's field) for collecting firewood. There was a quarrel in between the appellant Narhari and victim Laxman, his mother Gayabai and others, on account of cutting of wood from the field. The appellant/accused exhorted victim Laxman and his mother. There were altercation in between them and in the fight, accused assaulted mother Gayabai by means of stick etc. The victim Laxman, his mother Gayabai and others returned to home. They all were intending to lodge complaint against the accused Narhari in the police station, Ahmedpur. Therefore, the father Digambar, mother Gayabai and victim Laxman came to auto-rickshaw stand in the village, for going to Ahmedpur P.S. Meanwhile, accused Narhari and his wife Kalpana, both arrived at the auto-rickshaw stand. They picked up quarrel with the Digambar-father of First informant Gangadhar. In the altercation, appellant-Narhari dealt a blow of sickle on the head of Digambar, father of the first informant, but he succeeded to dodge the same. The victim Laxman, on seeing accused Narhari assaulting the father, rushed towards the appellant Narhari and intervened in the scuffle to rescue the father. But,Accused Kalpana - the wife of appellant Narhari caught hold the victim Laxman. The appellant Narhari gave a blows of sickle on the neck as well as shoulder of the victim Laxman. He received the fatal bleeding injuries. The denizens and onlookers thronged at the spot. Thereafter, assailant made their escape good from the scene of occurance. The injured Laxman was escorted to the Government Hospital at Ahmedpur for medical treatment, But, the Doctor declared him dead. The information of death of victim Laxman was passed on to the concerned police of Ahmedpur Police station, District Latur. On receipt of information, the Ahmedpur Police, registered the A.D. No. 11 of 2012 under Sec. 174 of Crimial P.C. and swung into action for enquiry to ascertain the cause of death of victim Laxman. I.O. drawn inquest panchanama and referred the dead body for autopsy to the rural hospital, Ahmedpur. The medical experts conducted the post-mortem and opined that the victim died due to hemorrhagic shock owing to injuries to vital organs. I.O. seized the clothes of the deceased after autopsy under panchanama. Meanwhile, the first informant Shri Gangadhar Suryawanshi approached to the police of Ahmedpur Police station and lodged the FIR. He blamed the accused/appellant Narhari and his wife Kalpana for the death of brother Laxman.