ATUL SHIVAJI BHURASE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant along with three others was tried for an offence punishable under Section 302 read with Section 34. Learned Sessions Judge, Gadchiroli who concluded Sessions Case No. 67 of 2006 by judgment and order dated 18.6.2008, convicted appellant for the offence punishable under Section 304, Part-II of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for three years and to pay a fine of Rs. 5000/-, in default to suffer further imprisonment for six months. It is against this order of conviction and sentence that the present appeal has been preferred.

(2.) Facts are that Vilas son of Janardan Chafle was engaged in sale-purchase business of paddy. Appellant Atul was working in the shop of original accused no.3 Waman and accused no. 4 Santoshi. Original accused no. 2 Leelabai is mother of accused no.1/appellant. It appears that appellant Atul was trying to allure customer of Vilas which Vilas did not like and on his expressing displeasure, appellant Vilas followed and beat him. Other accused also joined appellant. When Janardhan, father of Vilas tried to rescue Vilas, he was also beaten. In that, appellant Atul and accused Waman lifted Janardhan and fell him down on road, with the result, Janardhan sustained bleeding injuries to his head. Janardhan, in an unconscious condition, was removed initially to Civil Hospital, Gadchiroli where doctor advised Vilas to have CT-Scan done on Janardhan. After CT-Scan at a private hospital, Janardhan was brought back to Civil Hospital. At about 07.00 pm Janardhan was declared dead. Incident took place on 11.01.2006. Vilas lodged report with Police Station, Dhanora against accused on which Crime No. 1/2006 under Section 302 read with Section 34 of the Indian Penal Code against accused persons including appellant. ASI Pathan (PW 8) held inquest on deceased Janardhan and issued requisition for the purpose of post-mortem on the body of Janardhan. Dr Choudhary (PW 7) carried post-mortem on the body of Janardhan on 12.1.2006 and he opined that death occurred due to head injury. Post-mortem report is on record at exhibit 39. PSO Kosurkar (PW 10) visited spot of occurrence and recorded panchanama (exhibit 25) in presence of panchas. He also recorded statements of witnesses. Appellant and his mother (accused no.2) were arrested on 15.1.2006. At the instance of appellant, bamboo stick was recovered while accused no. 2 Leelabai led the police to recovery of stone used as weapon of offence. Accused no.3 and 4 who were initially absconding, were arrested on 16.2.2006. After investigation was over, charge-sheet was filed before the Judicial Magistrate, First Class, Gadchiroli against all the accused under Section 302 read with Section 34 of the Indian Penal Code. Learned Magistrate then committed case to the Court of Sessions for trial according to law.

(3.) Charge (exhibit 10) was framed on 3.12.2007. It was read over and explained to accused in vernacular to which they pleaded not guilty and claimed to be tried. Defence of the appellant was that of total denial.