- (1.)Being aggrieved by judgment and order made by the Additional Sessions Judge, Gadchiroli on 3.1.2003 in Sessions Case No.53/2000, convicting the appellant for the offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay fine of Rs.500/-, in default, to undergo further imprisonment for two months, the present appeal has been preferred by the appellant.
(2.)Briefly stated, the prosecution case is that P.W.2 Kunjilal Sahare and the accused who were the brothers were residing separately at village Hetalkasa, Taq. Korchi, District : Gadchiroli. Their father deceased Saoji remarried one Shantabai and he had been residing at village Dalli in Chattisgarh State. The accused and the deceased were visiting each other at their houses. Accused had an evil eye on Shantabai and whenever he used to get an opportunity, he used to try to touch her body and once even he caught hold of her hand. The sister of the accused was married to P.W.5 Laxman Jambhulkar, who used to reside at village Andhadi, Taq. Kurkheda, District : Gadchiroli. P.W.5 Laxman had come as a guest at village Hetalkasa with his wife i.e. sister of the accused, 2-3 days prior to the date of incident. They stayed at the house of P.W.2 Kunjilal - the elder brother of the accused. On the date of the incident, deceased Saoji, father of accused came to Hetalkasa and he also stayed at the house of P.W.2 - Kunjilal. At the house of P.W.3 Harsingh a neighbour, accused went and invited his father deceased Saoji for dinner, so also P.W.5 Laxman, who were sitting at the house of P.W.3 Harsingh. Deceased Saoji and P.W.5 Laxman accordingly went to the house of accused for dinner. P.W.1 Chandrakala wife of accused cooked mutton of pig. Thereafter, she served meals to all of them. After dinner, deceased Saoji ventilated his grievance that on one hand the accused had caught hold of his wife's hand and tried to outrage her modesty and on other hand he was inviting him for dinner of mutton. On this, there was a sudden quarrel amongst them when accused lifted a pestle stone (Varvanta) and gave a blow thereof on the head of the deceased Saoji, who sustained bleeding injury. P.W.5 Laxman intervened to separate them but the accused gave him a dash and he fell down and became unconscious. Deceased Saoji started running from the house of the accused towards the house of P.W.2 Kunjilal but then the accused took stick in his hand and followed him and assaulted him with stick till he fell down. Near the house of Rama Padole, deceased Saoji fell down and died on the spot. P.W.2 Kunjilal and his wife having heard noise reached the spot who found the dead body of Saoji and P.W.2 Kunjilal saw accused uttering the words Ata Melas Ki Nahi, Madarchod . Then accused ran away and absconded. He was arrested on 14.3.2000. Incident had taken place at about 8:30 p.m. on 2.3.2000. In the morning of 3.3.2000, P.W.2 Kunjilal submitted a written report at outpost Belgaon, Police Station Purada. On that basis, offence was registered at Police Station Purada vide Crime No.11/2000 under Section 302 of the Indian Penal Code vide printed F.I.R. (Exh.37). P.W.8 - P.S.I. Sudhir Goswami went to the village, prepared spot panchanama (Exh.11), inquest panchanama (Exh.12) and sent the dead body for post mortem. He then searched the house of the accused and seized cap of the deceased which was blood stained, blood stained mud, blood stained pestle stone, blood stained pieces of stick, blood stained earth, torch and Chappal of the deceased under seizure panchanama (Exh.13). He also seized blood stained earth and plain earth from the house of Rama Padole under Exh.18. After arrest on 14.3.2000, the accused disclosed on memorandum the weapon of offence i.e. blood stained stick, blood stained shirt and blood stained Paijama at his house. Those having been produced, were seized under Exh.33. Post Mortem report (Exh.28) and Chemical Analyser's report (Exh.10) in respect of articles were received. Finally, chargesheet was filed in the Court of Judicial Magistrate First Class. The case was committed to the Court of Session.
(3.)The appellant was charged for the offence punishable under Section 302 of the Indian Penal Code by the learned Trial Court. Since, he pleaded not guilty, trial was held. The defence of the accused was of total denial. On the contrary, he had taken a defence that P.W.2 Kunjilal had committed murder of his father. The learned Trial Court appreciated the entire evidence and thereafter convicted the appellant. Hence, this appeal.