KISAN RAJARAM JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal by the original accused is directed against his conviction for the offence punishable under section 302 of the Indian Penal Code. The learned IInd Addl. Sessions Judge, accepting the testimony of P. W. 6 Kamalabai, the only eye-witness, and P. W. 4 Dr. Patil, held the appellant guilty for committing murder of one Pandurang by assaulting him with article no. 9 (kochera) on 17-5-1992 at about 10.30 p. m.

(2.) THE eye account of P. W. 6 Kamalabai was that the deceased picked up a quarrel with the accused by making utterances that earlier he was engaged with his wife Laxmi and he should pay the expenses. Heated exchange before the incident went on for quite sometime. At about 10.30 p. m. , when they were sleeping in the orchard, the accused came with a Kochera and started assaulting Pandurang. She rushed and informed P. W. 1 Santosh. THEy, thereafter, reached the spot and took the deceased to the hospital where he succumbed to his injuries.

(3.) INJURY no. 11 which is a fracture is to right tibia. We have heard the learned Addl. Public Prosecutor. He could not support that this injury could be sufficient, in the ordinary course of nature, to cause death. As such, the expert opinion as expressed cannot be relied upon to uphold the conviction under section 302 of the Indian Penal Code.