WASUDEO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appeal is directed against the judgment and order passed by the learned Additional Sessions Judge. Amravati in Sessions Case No. 173 of 1990 convicting the accused appellant of the offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life and fine of Rs. 1000/ -. l/d further R. I. , for six months, for having committed murder of one Raju Thombre.

(2.) DECEASED Raju Thombre was resident of Shantinagar. Morshi. where he was living with his mother Vatsalabai. His brother P. W. 4 Dilip alongwith his wife was also living in the same premises which is adjacent to the house of Raju. The appellant is resident of the locality situated near Shantinagar.

(3.) ON 2nd July. 1990 as per prosecution case at about 2 p. m. when P. W. 4 Dilip his wife. P. W. 6 Anil Kamble and P. W. 7 Dinesh Sahare were sitting in the house of Dilip they heard the shouts of abuses and. therefore. P. W. 4 Dilip followed by others came out of the house and saw that the appellant Wasudeo was abusing his mother P. W. 1 Vatsalabai. P. W. 4 Dilip, therefore asked Wasudeo not to abuse his mother. The appellant had a Katyar (dagger) in his hand. He thereupon assaulted P. W. 4 Dilip with the dagger as a result of which Dilip sustained injury on his left hand. Deceased Raju then rushed forward and caught the appellant by arms near waist. The appellant then assaulted Raju by the Katyar on his back. Raju sustained bleeding injury. The appellant Wasudeo ran away from the spot. Immediately a Rickshaw of P. W. 10 Subhash was brought and Raju was sent to the hospital with his mother P. W. 1 Vatsalabai. While they were on the way to the hospital, near electric D. P. which is half kilometer away from the house of the deceased Raju and near which the first assault was made on him. the appellant obstructed the rickshaw and assaulted Raju on his thighs. P. W. 1 Vatsalabai came back from the Rickshaw towards her house and told P. W. 4 Dilip that Wasudeo obstructed the Rickshaw near the DP whereupon P. W. 4 Dilip followed by others. went towards the DP. The appellant ran away from the spot. Raju was then taken to the hospital where he ultimately succumbed to his injuries. P. W. 4 Dilip went to the Police Station and lodged his oral report Ex. 34 on the basis of which initially offence was registered under Section 307 I. P. C. and on the death of Raju which was converted under Section 302 I. P. C. The appellant was then arrested. Memorandum of admission of the appellant was recorded on 3-7-1990. On 3rd July 1990 the dagger Art. 1 (Katyar) was seized at the instance of the appellant under a Panchanama Ex. 29. Similarly clothes of the appellant were seized under seizure memo Ex. 30. Inquest report was prepared and other investigation was carried on. Charge-sheet came to be submitted and ultimately the appellant was committed to the Court of Sessions by the Judicial Magistrate, First Class. Morshi.