CHANDRAKANT NARAYAN KSHIRSAGAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant aggrieved by the judgment and order dated 26. 9. 1983 passed by the Additional Sessions Judge, Pune in Sessions Case No. 166 of 1983, convicting and sentencing him to undergo imprisonment for life u/s 302 I. P. C. has come up in appeal before us.

(2.) BRIEFLY stated the prosecution case runs as under:-The deceased Madhukar Narayan Kshirsagar was the brother of the appellant. According to the two eye witnesses of the incident namely, Ramakant Pandharinath Ubhe (P. W. 1) and Bharat Digambar Nijampurkar (P. W. 2) at about 4-15 p. m. on 8-4-1983, the deceased and the appellant came on the street near public latrine, on Ganesh Ganpat Road, Kasba Peth, quarreling over real estate. The appellant told the deceased that he had maintained and protected the estate and asked whether he understood this. Thereupon the deceased asked him to take back the property from Jadhav. The appellant slapped the deceased. Ramakant Ubhe and Bharat Nijampurkar who were talking at a nearby electric pole intervened. The appellant told them it was their family matter and they should not interfere. He raised his hands to assault Ramakant Ubhe. He also told them that their relations would become strained. On that Ramakant Ubhe and Bharat Nijampurkar went back to the electric pole where they were talking. The appellant and the deceased went quarreling towards public latrine. The appellant is alleged to have caught hold of the pant of the deceased Madhukar and pushed him on the ground. There were two stones lying on the ground and the deceased Madhukar fell on them and expired in a short time.

(3.) THE evidence is that the postmortem on the corpse of Madhukar was conducted on 8th April, 1983, at 9. 30 p. m. by Dr. Laxman Govindram Pherwani (P. W. 4 ). Dr. Pherwani found the following injuries on the person of the deceased :-