KAILASH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) APPELLANT Kailash has challenged the judgment and order passed by 3rd Additional, Sessions Judge, Amravati dated 16-9-1993 in Sessions Trial No. 194/91 for his conviction and sentence for the offence punishable under Section 302 of Indian Penal Code.

(2.) THE incident in this case has taken place on 15-7-1991 at about 7 P. M. in Belpura locality of Amravati City. The deceased Harinarayan Chomale was sitting on a chair in his courtyard and ladies of the locality were fetching water from a public tap, which is 25 or 30 feet away from his house. Kasturibai (P. W. 1) wife of deceased had also gone to fetch water. The prosecution case is that when the mother of appellant-accused No. 1 Kailash Nanna alias Radhabai was going to fetch water from public tap, the deceased gave her abuses Chhinal Pani Bharde The appellant was flying kite at a distance of 250 to 300 feet away from the spot and on being informed about the quarrel between his mother and deceased. He came to the spot enquired from his mother and also from deceased told the deceased that he would show him the way went to his house, brought spear and dealt a blow of spear on the chest of deceased. The blow was so forceful that accused could not withdraw the weapon easily and the accused and deceased went in the courtyard of adjacent house of Shankar where deceased fell on the cot. The wife of deceased Smt. Kasturibai (P. W. 1) went to Police Station, Rajapeth and lodged her oral report. Meanwhile the deceased was taken to General Hospital where he was declared dead.

(3.) THE prosecution has examined the wife of deceased Kasturibai (P. W. 1) Shankar (P. W. 2) as eye-witnesses and Jummi (P. W. 3) on the point of extra judicial confession of the accused. There is one incised wound on the chest of the deceased and two abrasions. The Spot Panchanama (Ex. 16) shows that trail of blood was found from the house of deceased to the house of Shankar, Kasturibai (P. W. 1) and Shankar (P. W. 2) have narrated the incident of stabbing. The deceased and accused belongs to the same community. They were having cordial relations. There was no enmity between them. The accused was addressing the deceased as Bade Bapt and his mother original accused No. 2 Nanna Radhabai was addressing the deceased as Jethji. Deceased was held in reverence by both the accused. The defence has given suggestions that deceased was armed with axe though Kasturibai (P. W. 1) denied. Shankar (P. W. 2) has admitted this suggestion. The defence as is stated by accused in his statement under Section 313 of Criminal Procedure Code is as under: Han was abusing my mother. Thereafter I went to question Han. Han brought axe from his house. Therefore, I went to my house and brought the spear for my self defence. Thereafter there was scuffle between us. We fell on cot. I then left the spot. On the basis of the evidence and material, the learned trial Judge has believed the prosecution evidence rejected the private defence by accused and the defence of sudden quarrel and recorded a finding of conviction for the offence punishable under Section 302 of Indian Penal Code.