SHALIKRAM HUBLAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant is taking exception to his conviction for the offence under section 304 II of the Indian Penal Code and sentence of rigorous imprisonment for 10 years and to pay fine of Rs.1000, in default to undergo simple imprisonment for one month rendered by the Additional Sessions Judge, Achalpur in Sessions Trial No.75/2005 by judgment dated 21.3.2006.

(2.) Brief facts leading to the prosecution of the appellant can be stated thus. The incident had occurred on 25.2.2005 which was a day of Holi Festival. At about 7.00 p.m. he had been to the field of one Omprakash Gangarde for celebrating Holi Festival i.e. worshiping holy fire of .Holi.. At that time, father of the appellant by name Hoblal Kasdekar came there and there was quarrel. It is alleged that the persons present there pacified said Hoblal. Then he went to his house. He told this incident to his son i.e. accused. Thereafter for taking revenge; it is alleged, he came to the house of complainant Nandkishor. Complainant was not present at the house. It is alleged that Appellant / accused was possessing iron road with him and while returning; he assaulted wife of brother of the complainant by name Lilabai. This assault was done by him in the courtyard of the house of P.W.5 Budibai. Upon the report of the complainant, offence was registered under section 307 of IPC against present appellant. Same was investigated by P.W.7 P.S.I. Mahajan . Lilabai - victim of the offence was first taken to PHC Dharni. She was then sent to Irvin Hospital, Amravati, where she succumbed to her injury. The appellant was arrested. Investigation was carried out. Spot panchnama was prepared in presence of Panch P.W. 6. Sukhram. It may be stated that P.W.2 Ravindra and P.W. 5 Budibai are alleged eye witnesses to the incident. Whereas P.W. 3 Narayan is the husband of said Lilabai who was told about the incident by P.W.5 Budibai. Inquest Panchnama and the postmortem examination on the dead body were conducted as usual. After due investigation, the appellant came to be charge sheeted for the offence under section 302 of the IPC.

(3.) Charge against the appellant was framed for the aforesaid offence. Appellant pleaded not guilty to the same. His defence was that of total denial and false implication on account of quarrel. According to him the deceased had fallen on the cement road and therefore she suffered accidental injuries.