Criminal Appeal No. 243 of 1983. Case: Babu Bhika Jadhav Vs State of Maharashtra. High Court of Bombay (India)
| Case Number | Criminal Appeal No. 243 of 1983 |
| Counsel | For Appellant: B. G. Vaidya, Adv. and For Respondents: V. T. Tulpule, Adv. |
| Judges | V. Sahai, J. and S. S. Parkar, J. |
| Issue | Indian Penal Code (45 of 1860) - Sections 323, 325 |
| Citation | 1996 CriLJ 3952 |
| Judgement Date | August 14, 1996 |
| Court | High Court of Bombay (India) |
Judgment:
Vishnu Sahai, J.
-
The appellant aggrieved by the judgement and order dated 7-5-83 passed by the Additional Sessions Judge, Nashik in Sessions Case No. 109 of 1982 convicting and sentencing him to undergo imprisonment for life and to pay a fine of Rs. 500/- in default to suffer R.L for three months under S. 302, IPC has come up in appeal before us.
-
Briefly stated the prosecution case runs as under:-
The informant Sitabai Trimbak Bahirat PW 11 was the wife of the deceased. PW 15 Punjabai was her daughter. PW 14 Indubai and PW 16 Drupadabai were her nieces, being the daughters of Nivrutti, the real brother of the deceased.
It is alleged that there was some litigation in respect of land between the appellant and the deceased.
On the date of the incident i.e. on 17th May 1982 at about 8-8.30 p.m. the deceased Trimbak left for the house of one Damu Bhika PW 17. About half an hour to one hour later Indubai, Punjsabai and Drupadabai heard cries of Trimbak 'run, run'. There upon they run and in front of the house of the appellant, which was situate very near their own house, they saw the appellant and six acquitted accused viz. Bhausaheb Babu Jadhav, Eknath Bhika Jadhav, Ramesh Eknath Jadhav, Sada Mahadu Ghule, Gangadhar Rambhau Gurule and Sada Eklaharekar assaulting Trimbak with sticks. The appellant and others also assaulted them. They killed Trimbak on the spot. Immediately after the incident Indubai ran towards the house of Yeshwant Patil where Sitabai PW 11, the wife of the deceased had gone. It is alleged that she had gone there on account of Yeshwant Patil's death. At a distance of about 50 feet from Yeshwant Patil's house she met Sitabai and informed her about the death of the deceased. Thereafter along with Sitabai she came to the place of the incident. There Sitabai discovered that her husband Trimbak was dead. One Popat Bahirat was at that place. Seeing the corpse of the deceased Sitabai became unconscious and fell down sustaining a head injury in that process.
-
The FIR of the incident was lodged by Sitabai Bahirat at Police Station Wai on 18-5-1982 at 7-10 a.m. A case on the basis of the FIR was registered as C.R. No. 35 of 1982 by PSI Vishram Patil.
-
After recording the FIR the same day at about 9 a.m. PSI Patil left for the place of the incident, where he prepared the inquest panchanama in respect of the corpse (Exh. 20). At 12-25 in the noon he prepared the panchanama of the scene of offence. He seized the samples of blood mixed with earth, plain earth and broken pieces of bangles from the place of the incident. The same day he arrested the appellant and some of the acquitted co-accused persons. On 19-5-1982 the appellant made a disclosure that he could get the weapon of assault viz. sticks recovered. Consequently on the information furnished by the appellant at his pointing under a panchanama (Exh. 29) the appellant produced some sticks from a heap of fodder inside the house. However, we may straightway mention that we are not inclined to place any significance to the said recovery because there is no evidence that there was blood on the sticks and it is common knowledge that in every house hold sticks are found.
The same day i.e. 19-5-1982 PSI Patil seized the blood stained saree and blouse of Punjabai under a panchanama. He sent the recovered articles which had blood on them to the chemical analyst. Finally after completing the investigation on 17-8-1982 he submitted the charge-sheet against the appellant and the acquitted accused'.
-
Going backwards the injuries of Indubai and Punjabai were medically examined on 18-5-82 by Dr. Dilip Vaidya PW 13 of Civil Hospital, Nashik. On the person of Indubai he found the following injuries:-
(1) Tenderness over right thigh lateral aspect.
(2) Tenderness over right lumber region.
On the person of Punjabai the doctor found the following injuries:-
(1) Contused lacerated wound, left side of forehead 1/4" x 1/4" skin-deep.
(2) Abrasion over...
To continue reading
Request your trial