TUKARAM DATTA POTARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants no. 1 and 2 stand convicted for an offence punishable under section 302 read with 34 of the Indian penal Code and sentenced to imprisonment for life and to pay fine of Rs. 3,000/- each, with a default condition of undergoing further simple imprisonment for six months in the event of non-payment of fine and appellant no. 3 Nilabai w/o. Datta Potare stands convicted for an offence punishable under Section 324 of Indian penal Code and sentenced to suffer simple imprisonment for 6 months and to pay fine of rs. 1,500/- with default condition to undergoing simple imprisonment for three months and accused nos. 3 and 4 who also stand convicted for an offence punishable under section 323 r. w. 34 and sentenced simple imprisonment for three months and to pay find of Rs. 1000/- each with default condition of under going further simple imprisonment for one month by the Additional Sessions Judge, nanded by judgment dated 25-7-2007.

(2.) Such of the facts are as necessary for the decision of this appeal may briefly be stated thus :-P. W. 8 P. S. I. Satanure who was attached to Tamsa Police Station recorded the complaint of P. W. 1 Laxmibai at Exb. 25. On the basic of said complaint at Exh. 25, he registered an offence vide crime No. 67/2006 under section 302, 324, 323, 504 r. w section 34 of Indian penal Code. Alter registration of the offence, investigation came to be handed over to p. W. 10, A. P. I. Uttam Mulak. In the evening p. W. 10 A. P. I. Mulak went to the Primary health Center Tamsa and drew the inquest pachanama of the dead body of deceased shyamrao at Exh. 31 in presence of P. W. 4 vishvanath. Thereafter, he issued a requisition for conducting the post-mortem on the dead body of deceased Shyamrao at Exh. 46. Post-mortem on the dead body of deceased shyamrao came to be conducted by P. W. 7 Dr. Gopikrishna Patil. P. W. 7 Dr. Patil noticed following external injuries.

(3.) Prosecution has also examined p. W. 2 Bhimrao who states about quarrel between Shyamrao and accused No. 2 Datta and about accused No. 1 Tukaram and injuries by sickle on the chest of Shyamrao. He also states about accused No. 2. During scuffle he saw that accused no. l Tukaram coming from the field and giving a blow of sickel on the chest of Shyamrao. Shyamrao sustained bleeding injury and then Shyamrao fell down. Accused No. 2 Datta gave a stone blow on head of Shyamrao. Jambuvant thereafter rushed there. He also states about accused no. 4 santrao and accused No. 3 Nilabai giving fist and kick blows. He has admitted that incident had occurred in the evening after sunset. He has stated that incident occurred on the road and in front of the house of the Dulba. He has also admitted that in front of the house of dulbathere was a road, and there were blood stains on the road in front of house of Dulba. He states that Tukaram had not reached the spot when he had gone to the spot. Tukaram, was seen coming to the spot. He has also admitted that he had seen Tukaram from a distance of about 10 to 20 feet. He has also admitted in the cross-examination that laxmibai was present before he had reached the spot. He has admitted that P. W. 3 jambuvant had reached the spot after P. W. 2 bhimrao had reached the spot.