Criminal Appeal No. 576 of 1982. Case: Subhash Dhondiba Pandit Vs State of Maharashtra. High Court of Bombay (India)
| Case Number | Criminal Appeal No. 576 of 1982 |
| Counsel | For Appellant: B. P. Apte, Adv. and For Respondents: M.I.P. Galeria, Adv. |
| Judges | V. Sahai , J. and S. S. Parkar , J. |
| Issue | Evidence Act (1 of 1872) - Sections 3, 6 |
| Citation | 1996 CriLJ 4194 |
| Judgement Date | July 24, 1996 |
| Court | High Court of Bombay (India) |
Judgment:
Vishnu Sahai, J.
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The appellant aggrieved by the judgement and order dated 11th August 1982 passed by the Additional Sessions Judge, Pune in Sessions Case No. 81 of 1982 convicting and sentencing him to undergo seven years' RI and to pay a fine of Rs. 1000/- in default to undergo six months' RI under S. 304, Part II, IPC has come up in appeal before us.
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Briefly stated the prosecution story runs as follows:-
The appellant and the deceased Laxman Kadam are neighbours. PW 1 Pandurang Laxman Kadam is the son of the deceased and PW 2 Kailas is the grandson of the deceased. Two days prior to the incident there was a quarrel between the wives of the appellant and Pandurang Kadam PW 1. The cause of the quarrel was, Thummi the daughter of the appellant had carried some cow dung from the court-yard of Pandurang Kadam. It is said that on account of this quarrel the appellant came the same night and told Pandurang's father Laxman Kadam that he would see him. On the date of the incident i.e. 6th May 1981 Pandurang Kadam returned to his house at about 5-45 p.m. Thereafter he went to fetch water from the common water tap. The time was about 6 p.m. At that time his father Laxman Kadam was standing near the earthen pot in his court-yard and Kailas was standing near Laxman Kadam. While Pandurang Kadam was going to fetch water, he heard the cries of his father 'Melo Melo' and consequently looked back. He saw that the appellant was armed with a knife and was assaulting his father Laxman with the same. He emphatically stated that the appellant gave a knife blow on the head of Laxman. Thereafter he stated that the appellant inflicted a blow with a rod on the head of Laxman. At that time Mahadeo Dhondiba Divekar and Kisan Rangoba Shelar also came there. Seeing the said persons coming, the appellant ran away.
It is also alleged that PW 3 Ranjana Kadam, wife of Pandurang Kadam and PW 4 Sadashiv Divekar after the incident saw the appellant standing near his own house with a knife and rod in his hand.
On account of the assault made on him by the appellant, Laxman Kadam sustained serious injuries on his head. As a consequence of the assault he had fallen down and also vomitted. His handkerchief had become stained with blood.
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After the appellant had run away Pandurang Kadam and others put Laxman Kadam, who was still alive, in a bullock cart and took him to Primary Health Centre at Varvand. There Dr. Mahadeo Naphade PW 6 medically examined Laxman Kadam the same day at 7 p.m. On the person of Laxman Kadam Dr. Naphade found one superficial oozing wound on left middle part of the scalp anterio posterior 2 1/2" in area. In his opinion it was the result of hard and blunt object.
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From Varvand Pandurang Kadam went to Yavat Police Station. The said police station is said to be situated at a distance of about...
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