Criminal Appeal No. 590 of 1993. Case: Sudam Kisan Dhurjad Vs State of Maharashtra. High Court of Bombay (India)
| Case Number | Criminal Appeal No. 590 of 1993 |
| Counsel | For Appellant: Ms. Anita Agarwal, Advs. and For Respondents: K. H. Chopda, Addl. Public Prosecutor, Advs. |
| Judges | G. R. Majithia , J. and V. Sahai , J. |
| Issue | Indian Penal Code (45 of 1860) - Sections 300, 304 (II) |
| Citation | 1995 CriLJ 4029 |
| Judgement Date | July 11, 1995 |
| Court | High Court of Bombay (India) |
Judgment:
Sahai, J.
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Vide Judgment and Order dated 4-10-1993 passed in Sessions Case No. 93/93, the Additional Sessions Judge, Nasik convicted and sentenced the appellant in the manner stated hereinafter:-
(i) Under Section 302, I.P.C. life imprisonment and a fine of Rs. 100/- in default of payment of fine one month R.I.
(ii) Under Section 452, I.P.C. one year R.I. and to pay a fine of Rs. 100/- in default of payment of fine, R.I. for one month.
(iii) Under Section 323, I.P.C. R.I. for one month.
The substantive sentences of the appellant had been directed to run concurrently.
Feeling aggrieved by the aforesaid convictions and sentences, the appellant has come up in appeal before us.
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The matter before us arises out of an incident which took place on 19-4-1993, at about 9 p.m. at the house of Informant Balu Narvade P.W. 1 situate in village Pimpalgaon Khamb within the limits of police station Nasik Road, District Nasik. During the incident, Smt. Jaivantibai aged 65 years, a paralytic patient, confined to bed, was killed and the informant sustained injuries; both as a result of an assault by axe made upon them by the appellant.
The appellant and the informant Balu Narvade P.W. 1 are residens of village Pimpalgaon Khamb in District Nasik. They are said to be neighbours. Two days before the incident, i.e. on 17-4-1993, some one had thrown stones in the house of the appellant. The appellant's wife suspected that the same had been thrown by the informant. Ultimately, when the real culprit was caught the informant reprimanded the wife of the appellant for her unfounded suspicion upon him. On 19-4-1993 at about 8.30 or 9 p.m. when the informant was accusing the appellant's wife for falsely suspecting him, the appellant and his younger brother Sham Dhurjad entered his house. The appellant threatened the informant that he would finish him. In the meantime, Karbhari Kute, P.W. 2 Sarpanch of village Belatgavan came to the informant's house and intervened in the matter. Karbhari Kute is alleged to have taken the appellant and his brother to their house and advised the informant to go to his maternal aunt's house to avaid further quarrel. Consequently, the informant and his wife went to the house of Munubai Paldhe (maternal aunt of informant). The informant narrated the incident to his maternal aunt. From Manubai's house for sometime, one Shivaji Paldhe P.W. 6 took the informant to his house but, the informant thereafter, returned back to her house. Manubai Paldhe asked him to have dinner but, he replied that he would come within a short time after easing himself. At the time, the wife of the informant told him that the lambs at their house had to be tied and asked him to proceed to the house. The informant and his wife then came to their house. At about 9 p.m. to 9.15 p.m. the appellant and his brother Sham came inside the house. The appellant inflicted injuries on the left side of the chest of the informant with an axe who fell down as a result of the aforesaid assault. Understandably, his mother Smt. Jaivantabai who was sleeping on a quilt on the floor asked the appellant and Sham as to what they were doing. At that, the appellant is alleged to have told the informant's mother that he was her son and immediately, struck her on the forehead with the same axe. The wife of the informant came running to the place where the incident had taken place and strated raising cries. Many persons gathered there. The informant went to the house of Bhaskar Paldhe for making a phone call to the police. However, Bhaskar Paldhe told the informant that he would first see the situation at the house of the informant and would only thereafter make a phone call. Bhaskar Paldhe came to the informant's house and saw that his mother was in a serious condition. He offered to take the mother of the informant to the hospital on the condition that he would not report the matter to the police. The informant however, did not accede to this request of Bhaskar Paldhe. Thereafter, the informant and Bhaskar Paldhe went to the house of the latter and made an unsuccessful bid to contact the police on phone. Then the informant requested his cousin Mamebhau to call the police patil but, he refused. Nobody from the village came forward to help the informant. Then, the informant went to village Sansari, where his brother-in-law Arun Pandharinath Godse resided. At that time, Arun Godse's wife was not at the house and he suggested that she should first be contacted. Arun Godse and the informant went to Pimpalgaon where wife of the former had gone. At Pimpalgaon, the informant narrated the incident to his sister. Thereafter, all of them came back to the place of the incident. Ultimately, at about 2 a.m. two 2.15 a.m. the same night, the informant contacted police station, Nasik Road on telephone.
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On 20-4-1993, at 2.15 a.m. on the basis of the telephonic message, conveyed by the informant to PSI Santosh Donar P.W. 7 of PSI Nasik Road, the latter went to the place of the incident and recorded the FIR on the narration of the informant. The FIR is Exhibit 18.
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The investigation of the case was conducted by PSI Santosh Donar. He prepared the inquest panchanama and the spot panchanama, Exhibits 12 and 19 respectively. In the presence of panchas, he seized the plain earth and blood stained earth, one quilt, with...
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