SITARAM SHANKAR RODE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS criminal appeal is directed against the judgment and order dated 25th July, 1984 passed by the learned Additional Sessions Judge, Satara in Sessions Case No.31 of 1984 whereby the appellants have been convicted for an offence under section 302 read with section 34 of I. P. C. and are sentenced to suffer life imprisonment and also convicted under section 201 read with section 34 of I. P. C. and are sentenced to RI for two years. The substantive sentences were, however, directed to run concurrently.

(2.) BRIEFLY stated, the prosecution case as it turns out from the evidence on record is that appellant No.1 Sitaram and appellant No.2 Hirabai are brother and sister. The appellant No.1 was working as a peon in the United Commercial Bank at Ahmednagar. The appellant No.2 was working as a sweeper in Pune camp branch of Bank of Baroda and she was residing along with her sister Leelabai and daughter Kalavati in Kasewadi slum situate at Bhavani Peth, Pune. Deceased Narhari was also residing in Kasewadi slum with his brother Sharad (PW-10 ). Narhari was working as a watchman. Hirabai had developed illicit relations with Narhari and since three years prior to the date of occurrence, Narhari started living with Hirabai. Narhari had no permanent service and used to work as and when he got work. He used to handover his earnings to Hirabai. It is alleged that there used to be quarrels between Narhari and Hirabai since Narhari was unable to give any money to Hirabai. It is also alleged by the prosecution that Narhari had evil eye on Hirabai's sister Leelabai and daughter Kalavati and he tried to seduce them.

(3.) GOING backwards, the autopsy on the dead body of Narhari was conducted by Dr. Garud (PW-16 ). According to Dr. Garud, there were as many as 12 injuries on the body, out of which 10 were incised wounds. Dr. Garud found that all the injuries were anti-mortem and were caused by a sharp and cutting instrument. On internal examination, haemorrhage was found in lung chest cavity on both sides. The right lung middle part had anterior wound one inch long and half inch deep. There was a tear on the left lung middle part one inch x one inch. There was also haemorrhage in the abdominal cavity on the right side. The liver was pale and there was haemorrhage surrounding the liver. Two tears were detected on the lateral side near each side, each 3/4" x 1/2" deep. In the opinion of the doctor, the death was due to syncope, resulting from shock, due to injury to the vital organs like liver, right and left lung and haemorrhage in the thoracic and abdominal cavity, resulting from the external injury on the chest and abdomen.