STATE OF MAHARASHTRA Vs. PRAKASH HIRAMAN HINGANE

JUDGEMENT

(1.) THESE appeals arise out of a judgment of the Sessions judge at Pune choosing to convict the accused Prakash Hiraman Hingane before him of the offence punishable under Section 304, Part II of the indian Penal Code.

(2.) THE case against Prakash was that he and deceased Ashok Maruti chavan belonged to families which owned and were in possession of adjacently situated lands at Hadapsar, Taluka and District Pune. The boundary between the two lands had given rise to friction and there were frequent quarrels between the two families. Some days prior to 12th April, 1986, there had been an exchange of hot words and abuses between ashok's servant. Complainant P. W. 1 Subhash on the one hand and mangala, sister of Prakash on the other. Ashok and Prakash were both horticultsris ts raising vegetables, which they used to take for sale to the market-yard of the Agricultural Produce Market Committee at Hadapsar. On 12th April, 1986, the first to reach the market-yard was the complainant subhash, who had come with vegetable in a bullock cart. Ashok came separately on a bicycle. Prakash had also come and he had seen Ashok and Subhash. The practice prevalent at the market-yard is that the vendors and intending purchasers all assemble at the yard awaiting the declaration of floor prices. The prices announced are the minimum below which the purchasers are forbidden from bargaining. Of course, there is no upper limit to the price they can offer to the vendors. The floor rates are announced at about 2. 30 p. m. on Saturdays and 3. 00 p. m. on other days. 12th April, 1986, being a Saturday, the announcement was made at 2. 30 p. m. As soon as the announcement was made, Subhash started making over his stock to the would be purchasers. Ashok was standing a little away from him. All of a sudden Prakash came from behind and inflicted a number of blows by means of a knife on the person of Ashok. Taken a back, Subhash pulled himself together and rushed to the rescue of his master. He held Prakash from behind and sighting p. W. Ashok Sakore besseched him to help him in snatching the knife from the hands of Prakash Sakore did as requested. The efforts put in by Subhash and Sakore loosened the grip of Prakash. He freed himself and disappeared. The wounded Ashok lay on the ground with injuries all over his body and his clothes drenched in blood. Sakore and Subhash carried Ashok some 25 feets away. P. W. Ratnakar alias Raju who had come to the spot on hearing of the murderous assault on Ashok the latter being his mental uncle was requested to and he fetched a rickshaw. Ashok was placed in the said rickshaw and the rickshaw started in the direction of the Sassoon Hospital, which is a Government Hospital at pune. On a request made by Ashok, he was taken to Ruby Hall, which is also known as Goyaji's Hospital. This Hospital was reluctant to admit ashok seeing that it was a Police case. Therefore, the rickshaw went in the direction of and eventually landed at Sassoon Hospital. By now Ashok had a mere hour or so to go before his life came to an end. As expected, he passed away at 5. 30 p. m. The Wanawadi Police contacted Subhash and recorded his report which is at Exh. 8. An offence was registered and Inspector Shukla commenced investigation. Prakash was arrested and as there were an injury or two on his person, and the same were recorded in the arrest panchanama at Exh. 18. He was later examined by dr. Wagholikar and the injury certificate issued by that Doctor is at exh. 13. Ashok's corpse was subjected to a post-mortem examination by Dr. Pherwani. The notes drawn up by him are at Exh. 24. It shows that deceased had received as many as 10 incised wounds and that death was due to traumatic haemorrhage pursuant to the multiple injuries sustainer by him. The investigation having been completed, appellant was charge-sheeted.

(3.) WHEN Prakash came up before the Sessions Judge, he was faced with the charge of having committed the murder of Ashok and thereby rendering himself liable to punishment under Section 302, I. P. C. Appellant pleaded not guilty. His defence as discernible from the answers given by him when questioned under Section 313 of the Criminal Procedure code and supplemented by a written statement, which is at Exh. 28 is to the following effect: after the declaration of floor prices in the market-yard, he started selling the vegetables he had brought. Ashok and Subhash came in his direction abused him and his sister Mangala screaming obscenities in so doing. They beat him. Ashok felled him to the ground which dirtied the clothes that he was wearing. When he tried to get up Ashok and subhash pressed him to the ground. In order to save his own life, the appellant had been compelled to wave the knife which he had brought for cutting vegetables. This was because he felt that Ashok and subhash were bent upon murdering him. He had no reason or intention to kill Ashok.