RAMCHANDRA GOVIND DHAMALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal is preferred by the appellant-accused against the order of conviction and sentence dated 20th March, 1984, passed by the learned Addl. Sessions Judge, Pune in Sessions Case No. 148/83 whereby the learned Judge convicted the appellant-accused for an offence under section 302 of I. P. C. and sentenced him to suffer imprisonment for life.

(2.) THE prosecution case in short is that, complainant Laxmibai wife of Prakash Sanas and the appellant-accused are the residents of a chawl in Shitole Nagar at village Sangvi and as they are next door neighbours, some quarrels used to take place between them on some petty matters.

(3.) ON 19-3-83, according to the prosecution, Laxmibai, the complainant has sprinkled water in front of her house. The cycle of the appellant- accused was resting the wall of his house. At that time, the appellant-accused has objected for sprinkling the water by Laxmibai as the water was fallen over the cycle of the accused. Prakash, husband of Laxmibai was called by accused Dhamale. It is alleged that appellant-accused caught collar of the shirt of Prakash and Prakash also caught the shirt of the appellant-accused. At that time, the neighbours intervened and they separated both of them. It is the prosecution case that on the same day in the evening, Bhima Bhiku Sanas (deceased) brother of Prakash and his friend Vishnupant alias Balu Kale had come to Sangvi on motor-cycle. They went to the house of Prakash but Prakash was not in the house. Laxmibai the wife of Prakash entertained them by serving tea. At that time, Laxmibai narrated the morning incident to Bhima Bhiku. Bhima Bhiku therefore, advised her not to raise quarrel. It reveals from the record that Bhima Bhiku also told Laxmibai that he is going to give same advise to accused Dhamale. They started returning back from the house of Laxmibai. While they were proceeding towards the motor-cycle which was parked out side, Bhima Bhiku saw the appellant-accused standing on the Ota of his house. Thereupon, he (Bhima Bhiku) questioned him (appellant-accused) not to raise quarrel. It is alleged that at that time, appellant-accused got annoyed and retorted "am I a rascal" and he pounced upon Bhima Bhiku who was standing below the Ota, with the result, Bhima Bhiku fell down on the ground. At that time, it is alleged that the appellant-accused took out a knife from his pocket, opened the knife and inflicted blow on the chest portion of Bhima Bhiku which resulted into his death on the spot. At that time, according to the prosecution, Laxmibai who was standing near Bhima, raised cry. On hearing the cry of Laxmibai, one Puran Kumbhar came to the spot and he saw that the appellant-accused was standing near the legs of Bhima Bhiku with a knife in his hand and the knife blade was stained with blood. He then rushed to the house of one Nanasaheb Shitole and brought him on the spot. By that time, the appellant-accused had gone on his Ota and he was found standing there with a knife in his hand. Nanasaheb Shitole who is a respectable person of that village directed the appellant-accused to go inside the house. It is alleged that the appellant-accused followed the direction and went inside his house. Thereafter, Nanasaheb Shitole bolted the door from outside, and he contacted the police on phone. On receiving phone, P. I. Shaikh went to the spot alongwith his staff members within 10 minutes. Bhima Bhiku was lying in an injured condition on the spot. He was immediately removed to Sassoon Hospital where he was declared dead. Thereafter, it is alleged that P. I. Shaikh opened the door of the house of the appellant-accused. The appellant-accused was found sitting on the cot with the same knife in his hand. His clothes were stained with blood. P. I. Shaikh then seized the knife and blood stained clothes of the appellant-accused under the panchanama Exhibit 16. Thereafter, the appellant-accused was arrested. Complaint of Laxmibai was recorded at Exhibit 9. Thereafter, the investigation started.