PRAKASH DATTU KAMBLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH this appeal the appellant challenges the judgment and order dated 27-5-1991 passed by the 5th Additional Sessions Judge, Kolhapur in Sessions Code No. 154/90 convicting and sentencing him to undergo 5 years R. I. and to pay a fine of Rs. 100/-, in default to undergo 1 months R. I. for the offence under Section 304 (II), I. P. C.

(2.) IN short the prosecution case is as under : on 9-7-1990 the deceased Sanjay asked the wife of the appellant whether she had taken tea. At this the appellant became infuriated. At about 4. 30 p. m. the same day the appellant pulled Sanjay towards his house, took him inside and assaulted him with slipper. He asked Sanjay to touch the feet of his wife. This incident was seen by Sunanda Kamble P. W. 6, the sister of Sanjay. At about 5. 30 p. m. Sanjay came out from the house of the appellant. After some time Sunanda Kamble went to the house of Sharada Kamble P. W. 1 and Champabai Kamble P. W. 2, the aunt and mother of Sanjay respectively to inform them about the incident. Shobha the wife of the brother of Sunanda Kamble came there and informed them that the appellant had forcibly taken Sanjay to the shop of Maruti Patil P. W. 3. Consequently Sunanda, Sharada and Champabai went to the said shop. Inside the said shop they found the appellant, the deceased Sanjay and Maruti Patil. The appellant was abusing Sanjay. Maruti Patil asked Sunanda, Sharada and Champabai to go away. Sunanda went away but Sharada and Champabai remained. Immediately thereafter Champabai, Sharada and Maruti Patil saw the appellant inflicting a solitary blow with a wooden block on the head of the deceased and Sunanda heard the sound of "phatt". Thereafter the appellant is alleged to have run away. At about 7 p. m. Sunanda Kamble along with Vinod Shinde went to Kolhapur and informed her father Ramchandra Kamble P. W. 9. Along with Ramchandra Kamble they returned to the village at about 10. 30 p. m. Dr. Darekar P. W. 5 was called and he advised that Sanjay be taken to Kolhapur for treatment. Consequently Ramchandra Kamble P. W. 9 arranged for a vehicle and on the same they took Sanjay to C. P. R. Hospital, Kolhapur where he was examined at 12. 20 a. m. on 10-7-1990 by Dr. Ravindra Khot P. W. 11 who found him unconscious.

(3.) THE FIR of the incident was lodged by Ramchandra Kamble P. W. 9, on 10-7-1990 at Police Station Kadgal. On the basis of it P. H. C. Vijaykumar Parab P. W. 14 registered a case under Section 326, IPC. When on the same morning Sanjay succumbed to his injuries at 11. 55 a. m. it was converted to one under Section 302, IPC.