STATE OF MAHARASHTRA Vs. BAJIRAO DHONDIRAM CHAVAN

JUDGEMENT

(1.) THIS is a State Appeal against the order of acquittal dated 31st May, 1984 recorded by the Additional Sessions Judge, Kolhapur in Sessions Case No.97/83. By the aforesaid order the Respondent/Accused who was prosecuted for an offence of murder under Section 302 of IPC for the murder of one Krishnath Gundoba Chavan and for an offence under Section 25(1)(a) of Arms Act has been acquitted. The few facts relevant for the decision of this appeal are as follows:-

(2.) THE incident has taken place on 21st June, 1983 at about 4 p.m. in the office of Grampanchayat of Punal, District: Kolhapur. The Respondent/accused and the deceased were cousins. It appears that there was some dispute with regard to property between the deceased and the accused. The deceased had purchased land by name 'Kinal' bearing block No.726 admeasuring 6 acres 24 gunthas from one Parvati Vishnu Chavan. The accused is stated to have trespassed in the said land to the extent of about 4 acres of land. The accused was threatening the deceased to transfer the entire said land in his name. The deceased is also stated to have filed N.C. Complaint against the accused on 23rd February, 1982. This is alleged to be motive for the commission of the crime by the accused. Although this is denied by the accused, yet it cannot be said that the relations between the accused and the deceased were cordial. It is the case of the prosecution that on 21-6-1983 at about 4 p.m., the deceased had gone to Grampanchayat Office. Little after he reached there, the accused went to the said office and fired a shot on the person of the deceased from his gun in the presence of prosecution witnesses Mr.Baburao Patil (P.W.7) and Mr.Rajaram Patil (P.W.11). After having shot at the deceased from his gun, the accused ran away. As a result of the said incident the blood had sprinkled on floor and also on the shirt of the prosecuting witness Mr.Mahadev Patil (P.W.9). Immediately, the prosecution witness Mr.Mahadev Patil went and informed about the said incident to the police patil Mr.Bapu Patil (P.W.6). Thereafter, the complainant Mr.Balwant G. Chavan (P.W.12), the brother of the deceased lodged his complaint to the police at Panhala Police Station on the same night. The Complainant, who is the brother of the deceased had gone to the land of Narayan Sutar on that day to harrow the land. He was informed about the said incident by one Dhekane. He therefore, came back early. After seeing the dead body and hearing about the incident he lodged his F.I.R. with the police. On the complaint of the brother of the deceased, the API Dhale registered an offence under Section 302 of IPC and 25 (1)(a) of the Indian Arms Act, against the accused. Thereafter he managed to send the occurrence report to the Judicial Magistrate, First Class, Panhala. He also sent express reports to his superiors. Thereafter, police went to the place of offence in village Punal next morning. The following morning the inquest panchanama (Exh. 15) was drawn and the dead body of the deceased was sent to the C.P.R. Hospital, Kolhapur alongwith Constable Bhosale for autopsy, Thereafter, scene of offence panchanama was drawn in the presence of two panchas and muddemal articles were attached from the scene of offence. The statement of eye witness Mr. Mahadev H. Patil (P.W.9) who was working as peon in grampanchayat office was recorded that morning and his yellow coloured shirt with blood stains was attached under panchanama Exh.15. That evening, the statement of eye witness Mr.Rajaram Patil (P.W.11) was recorded and the panchanama of clothes on the person of the deceased was drawn. On 22-6-1983, the investigation was taken over by Sub Inspector Mr. Kamble. PSI Kamble recorded the statements of some witnesses on the same day and made search of the house of the accused. The accused was absconding. The accused was arrested on 2nd July, 1983 in Kolhapur at Shinganapur road, near the Masoba Temple. The accused was then found in possession of one double barrel gun having live cartridges, which were also attached under the panchanma. The sanction was obtained form the Collector. The muddemal articles were sent to the Chemical Analyzer, Bombay and to the Ballistic Expert. The report from the Ballistic expert was received on 17.3.1983. Thereafter, C.A. report was also received. Charge sheet was submitted on 15-3-1983 in the Court of Judicial Magistrate, First Class, Panhala, after the completion of the investigation. The accused was then committed to the Sessions Court, Kolhapur.

(3.) ON behalf of the prosecution 15 witnesses were examined including eye witnesses and the panchas and police patil and the police officers. So far as, eye witnesses are concerned, the prosecution had examined Mr. Baburao Patil (P.W.7), Mr. Shiva K. Magdum (P.W.8), Mr. Mahadev H. Patil (P.W.9) the peon of grampanchayat and P.W.11 Mr. Rajaram Patil. The Investigating Officer has been examined as P.W.15, Medical Officer, Dr. Balwant Gholape has been examined as P.W.10. The eye witnesses P.W.7 Mr. Baburao Patil and P.W.9 Mr.Mahadev H. Patil have turned hostile. Similarly, P.W.8 Mr. Shiva Magdum, who had heard gun shot and seen the accused running away with a gun after the incident also had turned hostile. The panchas to the recovery of the gun from the possession of accused too had turned hostile.