NAGNATH GANGARAM KAMBLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) AMBADAS Shavnelu, the original complainant resides in Thorali Iranna Wasti, Solapur along with his parents and sisters. Deceased Narsing Shavnelu, brother of the complainant was residing with the complainant at the time of his death. Deceased Narsing was working as a meson. One Bali Kamble was also working as a meson. He is the brother of accused Nagnath Kamble. Deceased Narsing and Bali were friends. On 8th September 1992 at about 10-15 p.m. when deceased Narsing went near Bharat Ratna Tarun Mandal. He found that the accused and his brother Bali were quarreling over some domestic matter. Complainants's brother Narsing was also standing there along with Bali's children. Prakash Pandilelu (PW 5) and Mallesh Bhandari intervened in the quarrel. Prakash separated the accused and took him aside but the accused rescued himself and again started quarreling with his brother. Deceased Narsing then told the accused why he is fighting and asked him to go away. Accused got annoyed and he started abusing deceased Narsing. He pelted brick at Narsing but deceased Narsing somehow managed to miss the brick. Thereafter the accused gave a fist blow in the stomach of Narsing. He lifted Narsing and threw him on the ground. Narsing became unconscious. He was taken inside the house by the complainant and his uncle's son and Mallesh Bhandari. The complainant went to Salgar Wasti Police Station and narrated the incident. The police then came to the house of the complainant and removed Narsing to the hospital where he was declared dead by the Medical Officer. The accused was arrested by the police. An offence came to be registered against him under CR No.36/92 under Section 302 IPC. Thereafter PW 6 PSI Kalghatgi took over the investigation. He carried the inquest panchanama (Ex.8) and also carried spot panchanama (Ex.14). The brick which was pelted by the accused at the deceased was attached. Clothes of the deceased were also attached under panchanama (Ex.9) Post Mortem of the dead body was carried by PW 4 Dr.Kanaki who opined that the cause of death is shock due to head injury with sub-arrachoid Haematoma. PW 6 recorded the statements of the witnesses on 10th September 1992. Thereafter he handed over the investigation to PI Jadhav (PW 2) who thereafter completed the investigation and submitted the charge-sheet under Section 302 of IPC.

(2.) THE learned 2nd Additional Sessions Judge who tried the accused framed charge against him under Section 302 and 506 of IPC. The accused pleaded not guilty and claimed trial. In support of its case the prosecution examined as many as six witnesses including two eye witnesses PW 3 Ambadas and PW 5 Prakash. After considering the evidence led by the prosecution and the circumstances of the case the learned Judge convicted the accused under section 302 and sentenced him to life imprisonment and to pay a fine of Rs.1000/- in default to suffer RI for one year. The learned Judge acquitted the accused of the charge under Section 506 of IPC.

(3.) MR .Deshpande, the learned Counsel appearing for the accused strenuously contended that there was no intention to kill the deceased and it all happened without any premeditation and, therefore, it is not proper to convict the accused under Section 302. Mr.Deshpande also argued that the accused was not armed with any weapon and, therefore, he would not have been prompted by a motive to put an end to the life of the complainant's brother Narsing. Apparently he got annoyed when Narsing tried to intervene in the quarrel and gave him a fist blow and threw him on the ground. Taking the background and the circumstances as a whole we are unable to discern the intention to kill the deceased. However, the accused can be fastened with knowledge that he was likely by such act to cause death. Thus, the case of the accused would fall under Section 304 Part II and not under Section 302. The accused has already undergone imprisonment of about six years.