HAUSILAPRASAD PANCHAM VISHWAKARMA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant, aggrieved by the judgment and order dated 22nd December, 1993 passed by the Additional Sessions Judge, Mumbai in Sessions Case No. 314 of 1982 convicting and sentencing him to life imprisonment for an offence under section 302, IPC has come up in appeal before us.

(2.) IN short, the prosecution case is that, the complainant Mewalal was living in Subhash Wadi, Chembur, Mumbai for about 15 years prior to the dated of incident. His brother Pancham was living in the same chawl with his son Hausilaprasad, who is the appellant. Pancham and Mewalal were having some dispute with each other. It is said that pancham was dis-satisfied about the partition of their house site at their village. On 5th May, 1982 at about 9:45 p.m. Pancham came to the house of Mewalal and started abusing him. Mewalal was sitting on a cot in front of his house with his sons Shyambihari and Lalbahadur. The allegation is that the appellant suddenly came there and gave a blow with an iron bar on the right hand of Mewalal and caused a fracture of bone of the hand. The appellant gave another blow to Shyambihari on his back when Shyambihari went towards him. Lalbahadur snatched away the iron bar from the appellant.Then the appellant went to his house and came back with a knife. He inflicted a blow with the knife on the chest of Lalbahadur who fell down as a consequence thereof. The appellant then ran away. Lalbahadur was taken by his father and relatives to Sion Hospital, where the doctor informed that he was dead.

(3.) SI Gehi and PI Yadav interrogated the witnesses. A panchnama of scene of offence was carried vide Ex. 18 and a blood stained T-shirt found in Mewalal's room was attached. The appellant came to be arrested on 6th May. 1982 at about 3:00 a.m. The appellant while in police custody, allegedly led the police to the discovery of the iron bar. Chargesheet came to be filed on 1st July, 1982 against the appellant in the Court of the Chief Metropolitan Magistrate after completing the investigation.