PREMCHAND NIMBA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant - Premchand Nimba Sapkale was convicted for an offence punishable under Section 302 of the Indian Penal Code and sentenced to suffer imprisonment for life and to pay a fine of Rs. 10,000/-, in default to suffer imprisonment for ten months, on 30.12.2005 by the learned II Adhoc Additional Sessions Judge, Jalgaon, in Sessions Case No. 54 of 2005.

(2.) The prosecution alleged that the appellant assaulted deceased - Gokul Goba Sonwane, resident of village Sujade, Taluka and District Jalgaon on 30.11.2004 in Sarafa Bazar area of Jalgaon town at about 12.00 noon with the help of sword. The complaint was lodged by son of deceased - (pw1) Vijay Sonwane at Shani Peth police station, Jalgaon. On the same day at about 13.30 hours offence came to be registered at C.R.No. 63 of 2004 under Sections 302, 307 of the Indian Penal Code, as prosecution alleges that the appellant stabbed his wife (pw9) Pramila who was working in the field of Nana Kale in Mamurabad shivar on the same day. The investigation was entrusted to the then Sub Divisional Police Officer - (pw15) Manoj Lohar. The investigating officer, after completion of investigation, filed chargesheet against the appellant. The case was committed to the Sessions Court for trial on 7.6.2005. The Trial Court framed charge against the appellant, to which he pleaded not guilty. The appellant was provided with the assistance of a lawyer at the Government cost.

(3.) The prosecution examined 15 witnesses, out of which (pw8) Santosh Sapkale and (pw10) Ratilal Kate were examined as eye witnesses. (Pw10) Ratilal Kate was to be examined in the month of July, 2005 by the learned Additional Public Prosecutor, Jalgaon, but an application 22.7.2005 was filed by the learned Additional Public Prosecutor stating therein that (pw10) Ratilal was ill and that he was unable to attend the Court and, therefore, fresh summons was sought against him. It was further contended that witness Pramila remained absent though summons was served on her and, therefore, bailable warrant was sought to be issued to obtain her presence. By an order dated 22.7.2002, the Court allowed the said application and issued summons to (pw10) Ratilal and bailable warrant for Rs. 1,000/- against Pramila. Learned Additional Public Prosecutor had filed certificate of Dr. Vikas Choudhary dated 22.2.2005 certifying therein that Ratilal Laxman Kate was under treatment for Influenza and was advised rest for 5 days with effect from 22.7.2005. (Pw10) Ratilal was put into box for examination-in-chief by the learned Additional Public Prosecutor on 5.9.2005. For some time his examination-in-chief was recorded, but then it was found that the witness was not feeling well. On the same day, the Court passed an order/endorsement, which reads :-