STATE OF MAHARASHTRA Vs. NARENDRA DEVAJI CHAFEKAR

JUDGEMENT

(1.) THROUGH this appeal, preferred under section 378 (1) Cr. P. C. the appellant impugns the judgment and order dated 11-5-1984 passed by the Additional Sessions Judge, Thane, in Sessions Case No. 257 of 1983 acquitting the respondents for offences punishable under sections 302 r/w 34 I. P. C. , 307 r/w 34 I. P. C. , 326 r/w 34 I. P. C and 324 r/w 34 I. P. C.

(2.) IN short, the prosecution case runs as under :-The informant Balshiram Bhimaji Avte P. W. 1 had two sisters. One of them Babi was married to the deceased Waman and the other Sunanda P. W. 8 was married to Nanabhau Varpe P. W. 3. Balshiram, Waman and Nanabhau used to reside in huts, situated in immediate proximity of one another, in Mahadeo Bagul Chawl, Panchapakhadi, within the limits of Police Station Naupada District Thane. In their vicinity, respondent No. 2 Smt. Vasanti Bhalchandra Chavan also used to reside. Respondent No. 1 Narendra Devaji Chafekar used to frequently visit Smt. Vasanti Bhalchandra Chavan in her hut. The latter had a feeling that the informant and Waman were spreading rumours in the locality about her illicit relationship with Narendra Chafekar. On 18-5-1983, Balshiram had reported on duty in Voltas Company where he had been working since about last 17 years. At about 5 p. m. he returned home from duty. Immediately then, the respondent No. 2 Vasanti Chavan started hurling abuses at him, his sisters and his brothers- in-law. The informant asked Vasanti as to why she was abusing them, and thereupon, the latter replied that in the evening she would show the reason for the same. At about 7 or 7. 15 p. m. Balshiram again heard Vasanti Chavan hurling abuses towards them. He also heard voice of respondent No. 1 Narendra Chafekar coming from her house. In order to fetch betel leaf and tobacco from a betel-leaf shop, he came out of his room. It was about 8 p. m. at that time. There was a betel-leaf shop on the highway and he proceeded for the same. He started walking by the left hand side of the highway. He reached the shop of a hawker who used to sell batatawadas and decided to cross the road. Immediately, thereupon he found that respondents Narendra Chafekar and Vasanti Chavan were following her (sic him ). Narendra Chafekar asked him to stop and also asked him as to why he was defaming him. Respondent Vasanti Chavan caught hold of the banian of the informant. Thereupon, Narendra Chafekar took out a knife from the pocket of his pant and inflicted with the same, two blows on him; one on right shoulder near the arm-pit and the other on the right arm upper portion. He started shouting. Hearing his shouts, his brothers-in-law Waman and Nanabhau who were returning from the place of their work New Great Marble Company at Thane came to his rescue. Both of them tried to intervene. Narendra Chafekar released his right hand which was tightly held by the informant and inflicted two knife blows on the person of Waman; first one on left side of the chest and second on back of the chest. Nanabhau also received injuries while trying to intervene. The informant and others are said to have recognised the respondents in the light of petromax on the batatawada stall and street-lights on the highway. It is said that Shantaram Jadhav P. W. 2, Rajan Kadam and some others came running there. Shantaram and Rajan over-powered Narender Chafekar and took him in their custody along with blood stained knife.

(3.) THE informant Balshiram and Nanabhau fetched a rickshaw and carried Waman who was in precariously injured condition on the same to Civil Hospital Thane, where the doctor examined Waman and pronounced him dead.