DEVIDAS HARIBHAU SHINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal preferred by original accused No.1, who is convicted of an offence punishable under section 302 of Indian Penal Code, for committing murder of Shravan Kashinath Sathe and, therefore, sentenced to suffer life imprisonment, by the learned 2nd Additional Sessions Judge, Ahmednagar, in Sessions Case No.90 of 1987, decided on 14/08/1987.

(2.) It is the case of the prosecution that deceased Shravan Kashinath Sathe was residing at village Ukkadgaon, Taluka Nagar, District Ahmednagar, with his wife and son. P.W.No.1 Kisan Kashinath Sathe and P.W.No.6 Ramdas Kashinath Sathe are his brothers. The appellant, deceased Shravan and original accused No.2 Namdeo Saindu Belhekar were friends. All the three were addicted to liquor and used to take liquor together. In February, 1987 P.W.No.1 Kashinath and deceased Shravan had taken a contract for digging well at Ukkadgaon. On 28/02/1987, at about 8.00 a.m., both P.W.No.1 Kisan and deceased Shravan left their house for attending the work of digging of the well. However, some iron bars were required for user as levers for lifting big stones and, therefore, deceased Shravan along with Vitthal Shripati Shinde went to bring iron bars and P.W.No.1 Kashinath and others went to the site of the well and started doing work. Shravan did not turn up till about 2.30 p.m. and thereafter one Raosaheb Shinde came and told P.W.No.1 Kisan that his brother Shravan was lying injured near Rokadoba temple outside the village Ukkadgaon and, therefore, P.W.No.1 Kisan went there. P.W.No.6 Ramdas, who was other brother of deceased Shravan, also came to know at about 3.00 p.m. that his brother was lying injured near Rokadoba temple and he went there.

(3.) It is further prosecution case that thereafter inquiries were made. In the meantime Kotwal P.W.No.10 Nana Rakhama Lokhande saw the dead body and went to inform Police Patil. The Police Patil P.W.No.2 Madhav Sakharam Mhase, in turn, informed the incident of death of Shravan to Police. Accordingly, Accidental Death was registered. Police came to site, they drew inquest panchanama and also spot panchanama. The dead body was sent for post-mortem. Thereafter, P.W.No.6 Ramdas lodged complaint stating that on their inquiries, they came to know that the appellant, original accused No.2 Namdeo and deceased Shravan had gone to take liquor and at about 12.30 noon, while returning to Ukkadgaon in drunken condition, the appellant Devidas and original accused No.2 Namdeo had quarreled with deceased Shravan; there was exchange of abuses and then appellant Devidas and original accused No.2 Namdeo injured Shravan with stones and killed him. This complaint was registered at Ahmednagar Taluka Police Station, at 8.05 p.m., on the same day i.e. 28/2/1987. Thereafter, further investigation was carried out.