MADHUKAR DATTOBA JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal is preferred against the order of conviction and sentence dated 26th August, 1983, passed by the learned Addl. Sessions Judge, Pune in Sessions Case No. 255 of 1982. The appellant No. 1 has been convicted for offence punishable under section 302 I. P. C. and he has been sentenced to suffer R. I. for life and he has also been convicted for offence punishable under section 323 r/w. section 34 I. P. C. and sentenced to suffer R. I. for six months and to pay a fine of Rs. 300/-, in default to suffer R. I. for two months. The substantive sentences were ordered to run concurrently. The appellant No. 2 has been convicted for the offence punishable under section 323 r/w section 34 I. P. C. and he has been sentenced to suffer R. I. for six months and to pay fine of Rs. 300/-, in default to suffer R. I. for two months punishable under section 323 r/w section 34 I. P. C.

(2.) THE prosecution case in brief is that, on 17-8-1982 at about 9. 30 p. m. , P. W. 2 complainant Ashok was going on a bicycle to Kalas from Jadhav Vasti. As he came near the temple of Vithoba Rakhumai, he saw appellants armed with hoes coming towards him. It is alleged that appellant No. 1 suddenly gave a blow with hoe on his head and because of that blow, he sustained bleeding injury on his head. He then ran away from the place and reached to the house of Vimal, the wife of Vithal and narrated the incident to Vithal and Vimal. It is the prosecution case that after seeing the injured P. W. 2 Ashok, Vithal immediately started for going to house of Ashok with a view to inform his family members. It is the further prosecution case that while Vithal was returning from the house of Ashok P. W. 2, the appellants attacked Vithal near Vithal-Rakhumai temple. Thereafter, P. W. 2 took Vithal in a rikshaw to the police station and narrated the incident. Police did not reduced it into writing but they were sent to Sasson Hospital with Yadi and Vithal was admitted as indoor patient and P. W. 2 Ashok was given treatment as outdoor patient. From the hospital, it is stated that Ashok came back to his house. His complaint came to be recorded by P. S. I. on the next day i. e. on 18-8-82. It also reveals that the statements of other alleged eye witnesses viz. complainant P. W. 2, P. W. 5 and P. W. 6 were recorded on 19-8-82. Complaint was recorded on 18-8-82 and thereafter investigation started. After completing the investigation, chargesheet was submitted and the appellants were committed to the Sessions Court for trial. It reveals that firstly, the charge was framed for offences punishable under sections 307 and 326 r/w. section 34 of I. P. C. Pending trial, it reveals from the record that the injured Vithal died on 18-4-83 in Ruby Hospital. It reveals that the injured Vithal remained unconscious till he died on 18-4-83. Therefore, charge was altered by the trial Court and the appellants were chargesheeted for the offence punishable under section 302 r/w. section 34 I. P. C.

(3.) THE learned trial Court after recording the prosecution evidence held the appellant No. 1 guilty for commission of murder of Vithal and sentenced him to suffer R. I. for life. Both the appellants were also convicted for the offence punishable under section 323 r/w. section 34 I. P. C. and each of them were sentenced to suffer R. I. for six months and to pay a fine of Rs. 300/ in default to suffer two months S. I. Hence this appeal.