GANESH YUVRAJ TAYADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) ACCUSED Ganesh has filed this appeal being aggrieved by his conviction under Section 302 of indian Penal Code (IPC) for causing death of Devidas rajaram Gaikwad and under Section 326 of IPC for causing grievous hurt to Nandabai Santosh Wagh with knife; and sentenced for offence under Section 302 of ipc to suffer rigorous imprisonment for life and to pay a fine of Rs. 5000/- in default to suffer further rigorous imprisonment for one year and for offence under Section 326 of IPC to suffer rigorous imprisonment for five years and to pay a fine of rs. 1000/- in default to suffer further rigorous imprisonment for six months. The order of conviction and sentence is passed by IVth Ad-hoc Addl. Sessions judge, Jalgaon on 30. 06. 2004 in Sessions Case No. 172 of 2003.

(2.) THE prosecution case is that Ratnabai is sister of appellant Ganesh. On 14. 10. 2003 Ganesh was working as a Cook in Gulmohor Hotel at Kingaon, Tal. Yawal, Dist. Jalgaon. At that time Ravindra Kisan bhoi (P. W. 4) was working there as a Waiter. Deceased devidas Gaikwad, Dipak Bhoi (P. W. 2) and one Imran khatik had gone to the hotel on 14. 10. 2003 and they were taking meals. At that time Ravindra (P. W. 4)asked deceased Devidas as to who had given him bracelet (chain ). Deceased Devidas replied that it was given to him by his sisters friend Ratna. Appellant Ganesh questioned Devidas why he was defaming his sister and there was scuffle between deceased Devidas and appellant Ganesh. They were separated by owner of the hotel. They went away.

(3.) ON 15. 10. 2003 at about 6. 30 p. m. in front of the house of appellant Ganesh, he stabbed Devidas with knife on his abdomen, chest, back etc. On seeing this, Nandabai who is sister of deceased Devidas intervened. According to her the quarrel was on account of bracelet. When she rescued Devidas, appellant Ganesh also stabbed her on left side of abdomen. She fell down. Devidas also fell down on sustaining injuries. Appellant Ganesh ran away with the knife. Nandabai (P. W. 1) so also deceased Devidas were shifted to Civil Hospital, Jalgaon. Both were unconscious. Nandabai regained consciousness on 17th october, 2003 and police recorded her statement in the civil Hospital. She was in hospital for eight days. Devidas was also unconscious till 18. 10. 2003. Statement of Nandabai (P. W. 1) was treated as FIR and offences under Section 307, 504, 506 of IPC were registered. Devidas died on 24. 10. 2003 at 2. 30 p. m. in the Civil Hospital and thereafter offence under section 302 of IPC was registered.