SANTOSH BHAU HUMANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an Appeal by Original Accused No. 1 in Sessions Case No. 252 of 1997 on the file of Additional Sessions Judge, Kalyan. He has been convicted of offences punishable under Section 302 of Indian Penal Code and sentenced to imprisonment for life so also fine of Rs. 250/-by the Judgment and Order dated 22nd April 2002, delivered by Additional Sessions Judge, Kalyan.

(2.) The case of the prosecution is that in all five accused are the residents of Umbhrai, Tahasil, Taluka - Shahapur, District Thane. They have Agricultural lands. The deceased Pandharinath Janardan Humane so also his family members are the neighbours of the accused. On 11th August 1997, when the deceased, his sister Gulabbai and other family members were in the house at about 7.30 p.m., the Appellant (A-1) stood opposite the house of the deceased and started abusing the family members. The deceased came out of the house and enquired with the Appellant as to why he was abusing them. It is alleged that the Appellant uttered obscene words. He complained that cattle of Pandharinath - deceased damaged the paddy crops of the accused. Thereupon, the deceased came near the Appellant and his sister Gulabbai also followed him. There were some exchange of words between the deceased and the Appellant. However, it is alleged that the Appellant suddenly removed a knife from his pocket and gave two blows of the same on the abdomen of the deceased. Pandharinath sustained bleeding injuries. His intestine came out of the abdomen. The deceased collapsed. Apprehending that more blows would follow, the sister of the deceased laid herself on the injured deceased. The family members of both the deceased and the accused Nos. 2 to 5 came at the place of the incident. It is alleged that other accused were armed with sticks. The neighbouring public had also gathered. However, other accused assaulted father, brother and uncle of the deceased with sticks. The neighbours intervened and supported the accused. The deceased, who was then injured was taken to Kinhavali Police Station, Tahasil, Taluka - Shahapur. At the Police Station the sister - informant Gulabbai lodged F.I.R. against Accused Nos. 1 to 4. Police registered Crime No. I -46/1997 against Accused Nos. 1 to 4 for the offence punishable under Sections 302, 323, 504 read with Section 34 of the I.P.C. The crime was registered at about 21.15 hours. The investigation commenced.

(3.) It appears that before the crime was registered, the Police Station Officer, considering urgency of medical treatment to the deceased, referred him to the Primary Health Centre, Kinhavali. Assistant Sub-Inspector Shinde was sent to Hospital to record statement of the deceased but he was not fit to give any statement. The Doctor at the Primary Health Centre, Kinhavali advised that the deceased should be shifted to Rural Hospital, Shahapur. However, relatives of the deceased took him to Thane Civil Hospital, Thane. He was declared dead by the Doctor and his dead body was brought to the Rural Hospital, Shahapur.