ANANT DAGADU BHALERAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH this appeal the appellant challenges the judgment and order dated 1st September, 1995 passed by the IInd Additional Sessions Judge, Raigad, Alibaug, in Sessions Case No. 59/95 convicting and sentencing him to undergo 7 years R. I. and to pay a fine of Rs. 2000/-, in default to undergo 6 months R. I. for the offence under section 304 part I, I. P. C. Along with the appellant were tried-

(2.) IN short the prosecution case runs as under: the deceased Moreshwar Jadhav, the injured witnesses, the appellant and the acquitted accused reside in the same village viz. Mothe Vengaon, Baudha Wada, Taluka Karjat, Dist. Raigad. On 30-10-1990 at about 8. 30 to 9 p. m. the appellant and the acquitted accused came to the house of the deceased Moreshwar Jadhav. They started abusing him. When he asked them as to why they were abusing him they told him that he was doing black magic. On that Moreshwar Jadhav told them that they were free to take action in law against him. On that the appellant inflicted a blow of pharshi (small axe) blow on the head of Moreshwar Jadhav resulting in his falling down. When Moreshwar Jadhavs son Vasant Moreshwar Jadhav P. W. 1 mother Radhabai Pandurang Kamble P. W. 2, wife Janabai Moreshwar Jadhav P. W. 3, daughter Rohini Moreshwar Jadhav P. W. 4, brother in law Ananta Gavale P. W. 5, and Hirabai Janardan Jadhav P. W. 6 intervened the appellant and others assaulted them. Thereafter they went away.

(3.) THE evidence of the injured eye-witnesses shows that after the appellant and others ran away they along with Moreshwar Jadhav proceeded to Karjat Hospital where they were medically examined by Dr. Ghanshyam Hari Nazirkar P. W. 13 (from 9. 40 p. m. onwards ). who found on their person the following injuries: