RAMESH MOTIRAM DHUMALE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by the Judgment and Order dated 26.9,.2013 passed by the learned Sessions Judge, Washim thereby convicting the appellant for the offence punishable under Sec. 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs.500.00 and in default to undergo further rigorous imprisonment for 25 days, the appellant has approached this Court.

(2.) It is the prosecution case that deceased Dayaram Raut and accused Ramesh were residing in one Mohalla at village Bembla, Tq. Karanja. On 4.8.2011, at around 9.00 a.m., the accused threw some debris in front of house of deceased Dayaram. As a result of the same, there was an altercation between the deceased and the accused. Thereafter, the accused urinated in front of house of the deceased which led to further verbal exchange between them. Thereafter, at around 2 to 30 p.m., when the deceased was proceedings towards his field, the accused met him and had a scuffle with him. The accused inflicted a blow of knife on the neck of deceased Dayaram. The incident was witnessed by three persons. Deceased Dayaram stopped the bleeding by pressing his hand on the injury and travelled a distance of about 400 to 500 feet by walking towards his house and then fell down in front of house of Laxmikant Shyamsunder. Umesh Raut (PW1), son of deceased Dayaram was informed about the incident. He went to the spot. Dayaram had become unconscious. Umesh (PW1) with the help of his friend carried Dayaram to Rural hospital at Kamargaon. The Medical Officer, after treating deceased Dayaram for some time, declared him dead.

(3.) On the basis of oral report of Umesh (PW1), the First Information Report came to be lodged below Exh.16A. Investigation was set into motion. The post mortem of deceased was conducted by Dr. Babusaheb Baburao Lahane (PW7). Further investigation was carried out by Investigating Officer Rameshwar Dhoran (PW10). At the conclusion of investigation, the charge sheet came to be filed in the Court of Judicial Magistrate, First Class, Karanja. Since the case was exclusively triable by the learned Sessions Judge, the same came to be committed to the Court of Sessions. Charge under Sec. 302 of the Indian Penal Code was framed below Exh.7. The accused pleaded not guilty and claimed to be tried. At the conclusion of investigation, the learned trial Judge passed an order of conviction and sentence, as aforesaid. Being aggrieved thereby, the present appeal.