SHIVAJI GANU NAIK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant aggrieved by the Judgment and order dated 31-12-1996, passed by the Additional Sessions Judge, Gadhinglaj, Kolhapur, in Sessions Case No. 41 of 1996, convicting and sentencing him to undergo 10 years R. I. and to pay a fine of Rs. 5000/- in default to suffer R. I. for 11/2 years, for an offence under Section 304 (2), I. P. C, has come up in appeal before us.

(2.) IN short, the prosecution case is that the deceased Dhulappa was husband of the informant Surekha Naik PW 4. He had a brother Antu who died sometimes prior to the incident leaving behind his widow Ambubai and three sons. It is said that illicit relationship between the appellant and Ambubai developed and on this score, Dhulappa was not on talking terms with the appellant. Both Dhulappa and appellant used to stay in contiguous houses in Naik Galli, Nosari Tal, Gadhinglaj, District Kolhapur. On 9-7-1996, at about 9 to 9. 15 p. m. Dhulappa was talking with his niece Irappa PW 5, on the verandah of the appellant. An exchange of hot words between Dhulappa and Irappa took place. Dhulappa was asking Irappa not to spend the money which he had brought from his mother. In the meantime, the appellant came out of the house and asked Dhulappa not to beat and take away Irappa. A quarrel between the appellant and Dhulappa thereupon took place. Irappa ran to the house of the appellant and hid himself there. It is said that Santosh and Ravi who had arrived hearing the quarrel between Dhulappa and the appellant separated them. It appears that the appellant went inside his house thereafter. Immediately, thereafter Dhulappa knocked the door of the appellants house and exhorted that he would take away Irappa. The appellant opened the door and inflicted two knife blows on the chest of Dhulappa who fell down as a consequence thereof. Thereafter Surekha and the persons who had gathered there took Dhulappa, who was in a precariously injured condition, to Government dispensary Nosari, where the doctor informed that he was dead.

(3.) FROM the Government dispensary Nosari, Surekha proceeded to police station Nosari and lodged her FIR, which was recorded by PSO Ramesh Kotkar PW 8 who on its basis, registered C. R. No. 22 of 1996, under Section 302, I. P. C. , against the appellant.