DHANAJI @ DHANRAJ BAGWAN JAGDHANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant aggrieved by the judgment and order dated 24.2.1995 passed by the Additional Sessions Judge, Pune, in Sessions Case No. 285/93 convicting and sentencing him to undergo imprisonment for life and to pay a fine of Rs. 1000/ -, in default to undergo simple imprisonment for 6 months, for the offence under Section 302 of the IPC has come up in appeal before us.

(2.) IN short the prosecution case runs as under: There was enmity between the Appellant and the deceased Gunwant Kambale. About two years prior to the incident a quarrel had taken place between the Appellant and Gunwant Kambale and in that there was an exchange of abuses between them. On this score the Appellant nursed ill -will against Gunwant Kambale. On 19.9.1992 at about 8.45 p.m. to 9 p.m. Bhau Magar P.W. 3, the nephew of Gunwant Kambale was proceeding to the betel leaf shop situate near the old Railway gate, Bhandari Chowk, Anand Nagar Zopadpatti, Police Station Chinchwad, Dist. Pune. The deceased Gunwant Kambale was ahead of Bhau Magar. When both of them had reached Bhandari Chowk the Appellant emerged with a iron -pipe and started abusing Gunwant Kambale. The latter got frightened and moved back. The Appellant inflicted a blow with the pipe on his head resulting in his sustaining a bleeding injury and falling down. Thereafter he inflicted blows with iron pipe on the legs of Gunwant Kambale, resulting in his receiving bleeding injuries. After assaulting Gunwant Kambale the Appellant ran away. Immediately after the incident Bhau Magar proceeded to the house of Gunwant Kambale and informed his wife Vimal Kambale P.W. 8, where upon she, Kasturbai Patil P.W. 5, and Kusum Wairat P.W. 7, (the sisters of the deceased) proceeded to Bhandari Chowk where they found Gunwant Kambale lying in a pool of blood.

(3.) THE injuries of Gunwant Kambale were medically examined on 20.9.1992 at 2 a.m. in Sassoon Hospital by Dr. Sunil Sonar P.W. 9, who found the following injuries on his person: