SHRAWAN SADU SORMALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal has been preferred by the appellant shrawanto challenge his conviction for the offence under section 304 Part II of I. P. C. and sentence for this offence to suffer R. I. for 10 years and to pay fine of Rs. 2000/- in default to suffer R. I. for two months.

(2.) Brief facts leading to the prosecution of the appellant may be stated thus. The appellant is the resident of village Rasa. He was residing in front of the house of the complainant Sau. Shami kawdu Kasar. On the date of incident i. e. 10. 4. 2005, at about 1. 30 to 2. 00 in the afternoon appellant started abusing her husband deceased Kawdu. He was saying that the daughter of said Kawdu conceives and he gets her aborted. Thereafter, her husband i. e. deceased Kawdu objected. On that appellant threatened that he would kill him and immediately thrusted spear (ballam) in his stomach, as a result of which his intestine came out of stomach and he sustained grievous injury. Thereafter, the deceased was taken to kalamb Hospital. He was admitted there. He was thereafter taken to Yavatmal Hospital. he was there for about 5-6 days. He was operated, later on he was discharged and then he went to stay with his daughter at village Bodgavan. However, due to injuries he died. Initially the offence under section 307 of the I. P. C. was registered bearing Crime No. 41/2005, the investigation was conducted. During investigation, statements of the witnesses were recorded. Spot panchnama was prepared. Weapon found on the spot, was seized. Blood stained weapon was sent for examination. Statement of the injured was also recorded. After the death of the deceased the offence was converted into one under section 302 of the I. P. C. , the postmortem examination was conducted and after due investigation the appellant was charge-sheeted for the offence under section 302 of I. P. C.

(3.) The appellant though claimed his innocence, did not adduce any defence evidence. According to him, he has filed case against the deceased and the complainant, so they are deposing false.