BAPU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant herein is convicted for the offence punishable under Section 304-I of Indian Penal Code and he is sentenced to suffer R.I. for ten years and to pay fine of Rs.2000/- (Rs.Two Thousand), in default, to suffer R.I. for six months in Session Case No. 46 of 1996 passed by Additional Sessions Judge, SindhudurgOros vide Judgment and Order dated 21st March 1997. Hence, this Appeal.

(2.) Such of the facts necessary for the decision of this appeal are as follows:-

(3.) That, one Subhash Chavan happened to be the relative of the present appellant. They were distant cousins. On 4th April 1996 Subhash Chavan had been to the agricultural land popularly known as 'Gangachi Dhar'. He was plucking mango trees in his agricultural land. At that time i.e. at about 10.45 a.m. he was attacked by the present appellant with a sickle. He had sustained as many as 30 incised wounds. Upon hearing his cry PW-11 Dilip Damari rushed to the spot. He saw the present appellant hiding behind the trees and trying to flee from the spot. He went in the said direction, and saw one person giving sickle blow to another person. He had seen the assailant giving 4 to 5 blows. He saw a Tempo coming from east side, he requested the Tempo Driver to stop. Sarpanch of Village Kunkeshwar namely Subhash Ghadi alighted from the tempo with 3 / 4 persons. PW-11 had informed him about the ghastly act of a person and also informed Ghadi that the said person was concealing himself behind the trees.