KRUSHAL Vs. STATE OF MAHARASTRA

JUDGEMENT

(1.) BY means of this Criminal appeal, the appellant/convict questions the validity, legality and correctness of the judgment and order dated 19. 6. 2008 passed by learned Sessions Judge, Gadchiroli in Sessions trial No. 94/2003, whereby the appellant was found guilty for offence punishable under section 324 of the Indian Penal Code (in short "ipc") and sentenced to suffer R. I. for a period of three years with fine in the sum of Rs. 5,000/-, in default, to suffer simple imprisonment for the period of six months. It was further directed that if the amount of fine is realized, it shall be payable to first informant- Shalu (PW-1), by way of compensation, after the period of appeal is over.

(2.) THE facts of the prosecution case in brief are : That the appellant Khushal owned a house at Armori (Shegaon Tola) Dist. Gadchiroli. He resided with his wife Chhaya and children. He lad let his one of the houses to Purushottam Zade (deceased), on a monthly rent of Rs. 250/ -. Purushottam resided with his wife Shalu (PW-1) and children. Further, according to prosecution, there was a quarrel between the appellant-Khushal and his wife chhaya prior to the date of incident. Khushal had ran with the screw-driver to assault Chhaya; but Shalu (PW-1) came to her rescue. The appellant did not like this intervention by Shalu (PW-1) in the quarrel between him and his wife. He enraged so much so that he abused Shalu and warned her to vacate the house. It is the case of the prosecution that on 30th May 2003 in the evening, Khushal had abused his wife chhaya and asked Shalu to vacate the house with her belongings at about 9. 30 p. m. When purushottam (deceased) came back to his house, Khushal abused him also. Purushottam had suggested Khushal not to raise quarrel with his wife and asked Khushal whether he was in arrears of rent. Khushal, then came with a wooden plank and gave a blow on the head of purushottam. In the result, Purushottam had suffered head injury. He was taken for medical treatment at Gadchiroli; but according to prosecution, he had succumbed to his injuries. He was declared dead at Rural Hospital, armori. Shalu (PW-1) lodged FIR (Exh. 38) at armori Police Station against appellant the khushal as an assailant. The offence was registered as Crime No. 53/2003 punishable under section 302, IPC against appellant khushal Janjalkar. The Investigating Officer had held inquest over the dead body of purushottam at Rural Hospital Armori, visited the spot, drew Panchanama (Exh. 49 ). Postmortem examination was conducted by Dr. D. V. Satai, on 31. 5. 2003 upon requisition from investigating Officer. In the course of investigation, appellant-Khushal was arrested under Panchanama (Exh. 42) ; blood stained clothes of deceased Purushottam were also seized at Panchanama Exh. 44. It is also the case of the prosecution that during the course of investigation, Khushal had made a statement pursuant to which wooden plank was discovered under Panchanama (Exhs. 46 and 47 ).

(3.) AFTER completion of investigation, the accused were charge-sheeted before judicial Magistrate, First Class Armori, who committed the case to the Court of Sessions at gadchiroli. The charge was framed against the accused on 12. 11. 2007 under section 302, IPC read with section 109 of the IPC. Both the accused had pleaded not guilty and claimed trial.