HARNYA SHILEDER KALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH this appeal the appellant challenges the judgment and order dated 23.12.1994 passed by the 4th Additional Sessions Judge, Satara, in Sessions Case No.36/1994, whereby he has been convicted and sentenced in the manner stated hereinafter :- (i)Under Section 302 I. P. C. to suffer imprisonment for life and to pay a fine of Rs. 2000/- in default to undergo 6 months R. I. : (ii)Under Section 323 I. P. C. to suffer 3 months R. I. and to pay a fine of Rs. 100/- in default to undergo 8 days R. I. : The substantive sentences of the appellant were ordered to run concurrently.

(2.) IN short the prosecution case runs as under :- The appellant along with his son Adam (absconding accused), Adam's wife Chivchiv and second wife Alaki (absconding accused) at the time of the incident was residing in a hut erected in the land of one Dnyanu Shinde in village Patkhal, Dist. Satara. IN the adjoining huts the informant Phonya P. W. 6, his father Meharlal P. W. 9, his mother Randi (the deceased), his sister Baiji P. W. 8, Baiji's husband Anamat P. W. 11, and his brother Balya Pawar P. W. 10 were residing. It is said that about 5 years prior to the incident the appellant's daughter Raji was married to the informant Phonya and it was decided that the latter shall pay a dowry of Rs. 4000/- to the former. Since the latter had only paid the former Rs. 2000/- and was not paying the balance Rs. 2000/- on 14.7.1993 at about 5 p. m. the appellant along with Adam, Chivchiv and Alaki went to the hut of the informant. Thereafter Adam assaulted the informant with a stone on his head, resulting in his sustaining a bleeding injury. When the informant's mother Randi rushed to intervene the appellant assaulted her with a knife resulting in her sustaining a bleeding injury on her nose. Chivchiv assaulted her with a stone near her left eye; and Adam assaulted her with a sickle on her head which is said to have been brought by the appellant. As a consequence of the assault Randi died. Thereafter the appellant and others brought her corpse in the land of Amrata Nana and ran away. According to prosecution, apart from Phonya who sustained injuries during the course of the incident this incident was seen by Anandrao P. W. 7, Baiji P. W. 8, Meharlal P. W. 9, Balya P. W. 10 and Anamat P. W.11.

(3.) THE investigation was conducted in the usual manner by P. W. 12 Shankar Patil, S. D. P. O. and Ashok Suryagandh P. W.13.During the course of it, on the pointing out of the appellant, in the presence of public panch Sakharam Kondalkar P. W. 4 and P. S. I. Ashok Suryagandh, the knife and sickle alleged to have been used in the incident were recovered. We are not adverting to this recovery in detail because for very plausible reasons contained in the impugned judgment the learned trial Judge has not placed reliance on it. In short the said reasons are : (i) Sakharam Kondalkar P. W. 4 has turned hostile and (ii) there was neither any blood on the sickle or knife, nor were the said weapons sent to the chemical analyst.