SHARAD SAKHARAM DESHMUKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal is preferred against the judgment and order dated 23.3.90, passed by the learned IV Additional Sessions Judge, Nasik, in Sessions Case No.219 of 1988, convicting the appellant-accused for the offence punishable under section 304 Part-II I.P.C. and sentencing him to suffer R.I. for 3 years and to pay fine of Rs.2000/- in default to suffer R.I. for 6 months.

(2.) THE prosecution case in brief is that, on 15.7.1988, there was festival in the office of Hindu Ekta Sangathana which is situated near Maruti temple, Panchavati, Nasik. Deceased Bhaskar at the relevant time, was a worker of the said Sangthana. The appellant-accused was looking after the management of Maruti Temple. It reveals from the record that whenever there was any programme in the office of Hindu Ekta Sangathana, electricity supply was being supplied from the said Maruti temple. It is alleged that on the aforesaid date, deceased Bhaskar met the appellant-accused and requested to provide electricity supply to the said office from Maruti Mandir. At that time, some quarrel took place between them on the point of arrears of electricity charges. The appellant-accused assaulted the deceased with fist blows. Because of the assault, deceased fell down on the ground in an unconscious condition and his left ear started bleeding. Two police constables who were on duty nearby, immediately rushed to the spot of incident intervened and separated the appellant-accused. Thereafter, the appellant-accused was taken to the police station in a rickshaw. Police constable Darade lodge complaint and offence came to be registered against the appellant-accused. As the condition of victim Bhaskar was serious, he was immediately removed to the hospital. Statement of the victim could not be recorded as he was in unconscious condition. It reveals that on the next day midnight, victim Bhaskar died in the hospital. Therefore, offence under section 302 was registered against the appellant-accused. Inquest panchanama was prepared and the dead body of the deceased was sent for postmortem. Statements of witnesses were recorded. After completing the investigation, chargesheet was filed before the court of J.M.F.C., Nasik. The learned Magistrate committed the case to the Sessions Court, Nasik for its trial.

(3.) HEARD Mr.Agarwal, learned counsel for the appellant. It is submitted that the eye witnesses turned hostile and one eye witness P.W.4 has supported the prosecution and stated that there was a scuffle took between the deceased and the appellant-accused and the deceased fell down on the road. The medical evidence speaks that there was no injury on the chest or stomach of the deceased but because of fall, there was a fracture to the skull. The learned counsel has submitted that the appellant could not be held responsible for this because it was a free fighting between the deceased and the appellant in which deceased had fallen on the ground. The appellant had no any weapon in his hand. No intention to beat or to kill the deceased but out of some altercations regarding payment of electricity charges of the temple, the said incident has been taken place. Looking to the medical evidence, the following injuries were found on the person of the deceased :-