TUKARAM GANPAT THITE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH this appeal, the appellant challenges the judgment and order dated 30-1-1992 passed by the Sessions Judge, Raigad Alibag in Sessions Case No. 210 of 1990 whereby he has been convicted and sentenced to undergo two years S. I. for offence under section 307 IPC.

(2.) IN short, the prosecution case runs as under: The victim Tatyaba PW 3 and Sakharam PW 7 were the first cousins of the appellant in-as much as their fathers and the father of the appellant were real brothers. Tatyaba, Sakharam and the appellant had a real uncle called Putalaji. The appellants case was that Putalaji had adopted him. In 1957, the appellant had been convicted for an offence under section 302 IPC. While he was in prison and undergoing sentence, Putalaji had sold four acres of land to Sakharam. By the time he was released from prison, Putalaji and his wife were no more. On coming out from the prison, the appellant started saying that the land purchased by Sakharam belonged to him. He was asking Sakharam to give back the land. A meeting of panchas was called. Sakharam offered to sell the said land to the appellant but, he denied to purchase it. On 2-6-1990 at about 12 noon, Tatyaba returned home from the field and found the appellant sitting in the eastern padvi of his house. He had a conversation with the appellant. Then he asked his daughter-in-law Usha whether the meals were ready. She answered in the affirmative. He told her that after giving fodder to the cattle he would take the meals. Thereafter, he proceeded to the cattle shed for that purpose. The appellant was following him. After feeding the cattle when he was standing near the jack fruit tree, the appellant inflicted two knife blows on his stomach resulting in his falling down. Hearing the cries of Tatyaba Ladibai, wife of the son of Tatyabas brother came. Thereafter, the appellant inflicted three more knife blows on Tatyabas person. Ladibai fell upon the Tatyaba to prevent a further assault on him. The appellant told her that she should go otherwise he would kill her. Ladibai did not accede to the Wishes of the appellant. At that time, Sakharam PW 7 came and enquired as to why the appellant had assaulted Tatyaba, the appellant threatened to kill him resulting in his running away. Ladibai and Usha took Tatyaba inside the house. In the meantime, a Police vehicle arrived and he was taken to Poladpur Hospital.

(3.) THE injuries of Tatyaba were medically- examined same day at 2. 15 p. m. at Poladpur Hospital, by Dr. Ganesh Bhalerao PW 5 who found on his person the following injuries: