Decided on October 19,2016

Murlidhar @ Murlya S/O Gangaram Pawara Appellant


V.L.ACHLIYA, J. - (1.) Being aggrieved by the Judgment and Order dated 10.08.2015 in Sessions Case No. 173/2014 delivered by the Additional Sessions Judge, Dhule whereby the appellant held guilty of offence u/s 304 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for seven years, the appellant has preferred this appeal.
(2.) In brief, the facts leading to filing of appeal are summarized as under : (a) On 13.07.2014, Ratilal Gangaram Pawara (PW3) resident of Bhoiti, Tq. Shirpur, Dist. Dhule lodged complaint with Police Station Shirpur alleging therein that on 11.7.2014 at about 7.00 p.m., while his father Gangaram Pawara was weaving rope of cot in the courtyard of their house and his mother Sahabai, brother Shantaram (PW4) and Tukaram were helping him in weaving of rope of cot, at that time the accused came there in a drunken condition and demanded money to his father for consuming liquor. His father refused to pay money and asked him to go away. The accused insisted to pay money and said that he would not leave the place without taking money and started to give abuses to his father. His father asked the accused in enraged condition as to whether he is going from that place or not. Thereon, the accused lifted sickle lying there, which his father was using for weaving cot and inflicted blow over the cheek and left leg of his father and ran away from the spot leaving the sickle on the spot. The assault made resulted into causing severe injuries to his father. Initially he was taken to Hospital at Shirpur. Later on shifted to Civil Hospital at Dhule. Deceased succumbed to injuries at about 11:00 p.m., while undergoing treatment at Civil Hospital, Dhule. On 12.07.2014, the dead body of deceased brought to his village where last rites were performed. On next day i.e. 13.07.2014, Ratilal (PW3) lodged report in respect of incident dt. 11.07.2014. (b) On the basis of the report lodged by Ratilal (PW3)(Exh. 48), the offence u/s 302 of the Indian Penal Code came to be registered with Police Station Shirpur vide C.R. No. 151/2014 as against the appellant/accused. P.S.I.-Raufkhan Hurmatkhan Pathan (PW6) conducted the investigation. He visited the spot of incident and prepared panchanama of scene of offence vide Exh. 10. At the time of drawing spot panchanama, the complainant (PW3) produced the sickle (Article No. 3) which was used in commission of offence by the accused which was seized. Statements of the witnesses such as Shantaram Pawara (PW4), Magan Pawara (PW5) and other witnesses were recorded. The inquest panchanama as well as clothes of the deceased were seized by the Police Station Dhule, while the deceased was lying admitted and died in the Hospital on 11.07.2014. He had taken charge of those clothes. The dead body of the deceased was referred for post-mortem on 12.07.2014 by official of Police Station, Dhule. He collected those papers which includes the inquest panchanama and Post-mortem report. He arrested the accused on 19.07.2014. The muddemal property such as the clothes of the deceased, sickle, blood sample, simple earth and earth mixed with blood seized from the spot, the blood sample of the deceased and the blood sample of the accused were forwarded to Chemical Analyzer (C.A.). On conclusion of investigation, he prepared the charge-sheet and filed it in the Court of Judicial Magistrate First Class, Shirpur. In due course, the case was committed to Sessions Court.
(3.) The charge was framed vide Exh. 4. The accused pleaded not guilty and claimed to be tried. In order to prove its case, the prosecution has examined six witnesses. The accused has not entered into defence. On conclusion of the trial, the trial Court has reached to a conclusion that, though the accused tried for offence u/s 302 of the IPC, but no case is made out u/s 302 of the IPC, however the offence u/s 304 of the IPC is proved against the accused. Accordingly learned Addl. Sessions Judge convicted him to undergo rigorous imprisonment for seven years. Being aggrieved, the appellant has preferred this appeal.;

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