BALSHIRAM RAMBHAU AWATE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an appeal by the accused who has been convicted Under Section 307 I. P. C. and sentenced to suffer R. I. for four years and to pay a fine of Rs. 1,000 in default to suffer further R. I. for one year. We are inclined to dismiss this appeal summarily. However, it appears to us that an offence of perjury seems to have been committed by at least three witnesses against whom appropriate action has not been taken by the trial Court. It is, therefore, necessary to record our reasons why we not only dismiss the appeal summarily but decide to hold a summary inquiry for the purpose of taking appropriate action Under Section 340 of the Cr. P. C 1073.

(2.) THE accused is the elder brother of victim Damodar. Very briefly stated the prosecution case was that a meeting was arranged on the Otta of one Chaskar in the village Mhalunge for the purpose of effecting a partition of property between the victim Damodar and his elder brother Balshiram the accused. Some leading villagers were present for the purpose of bringing about partition which included the Police Patil Atmaprakash (P. W. 8), Kotwal Dhondiba Bodhe (P. W. 2) and the victim Damodar Rarnbhau Awate (P. W. 1 ). During the discussions over the partition of the land in the village, accused Balshiram raised a question about rendering accounts by Damodar of his earnings in Bombay. Damodar is alleged to have rendered some accounts, but the accused was not satisfied. This at once led to the next action of the accused in picking up an axe and giving a blow with it on the chest of the victim Damodar, The blow was so powerful that Damodar collapsed and within a short time became unconscious. He was first taken to Dr. Adhav, a local physician, who gave some aid but finding the condition of Damodar rather serious, he advised that Damodar be removed to Sassoon Hospital, Pune at once. Accordingly he was removed from the village but was taken to Ruby Nursing Home, a private hospital in Pune. One Dr. Pethe treated him there. He was an indoor patient from 14th April to 1st of May 1076. The injury was 5"x2" bone deep below the left clavicle going medially up to midline. Two ribs were also fractured. The medical evidence was sufficient to prove that but for the timely help rendered, the victim may not have survived. The offence was one Under Section 307 I. P. C.

(3.) FOR proving such an offence, number of witnesses who were present at the scene of the offence were examined by the prosecution. They had all given certain statements in investigation which induced a belief in the prosecution that they could be examined as eyewitnesses. Accordingly they were summoned. However, when they entered the witness box, each one of them staged a complete volte-face. it may be noted that even Damodar, who is the victim and who would have died but for the medical aid, somehow reconciled with his brother, the accused, and said that there was a meeting for effecting a partition in which he was hurt. But he does not know who gave him that blow as he fell unconscious.