- (1.) The present appeal is filed against the judgment and order passed by the High Court of Judicature at Bombay (Nagpur Bench) on March 29, 2005 in Criminal Appeal No. 262 of 2001 by which the High Court dismissed the appeal against an order of conviction recorded by the Sessions Judge, Buldana on July 23, 2001 in Sessions Case No. 19 of 2001 convicting the appellant for an offence punishable under Section 302 of Indian Penal Code (IPC).
(2.) Short facts leading to the present appeal are that the deceased Ninaji Rupaji Ghonge was a resident of Deodhaba, Taluk Malkapur, District Buldana. He was residing with his son Sopan (PW6). His other sons were staying separately. Deceased Ninaji possessed she goats, sheep and she buffalos. The appellant-accused Namdeo was also residing in a nearby house. Relations between the deceased Ninaji and the accused Namdeo were strained. The reason was the belief entertained by the accused. Namdeo harboured a suspicion that she goats and sheep belonged to him died due to some disease and the deceased Ninaji and his friends were responsible for the death of those animals as deceased Ninaji had played a witch craft. This resulted in accused Namdeo abusing the deceased and administering threat to kill. PW6- Sopan, son of the deceased, however requested village people to settle the dispute between his father and the accused. Accordingly, some responsible persons intervened, called both of them and advised not to quarrel.
(3.) On October 25, 2000 between 8.00 to 9.00 p.m., a she buffalo of accused Namdeo died. Deceased Ninaji, after taking his meal, was sleeping on the wooden cot in the backyard of his house. On the same night, at about 2.00 to 3.00 a.m., PW6-Sopan (complainant) heard shouts of his father calling 'Bapa re Bapa re'. On hearing the cry, PW6-Sopan and his wife rushed towards the backyard of his house where Ninaji was sleeping and noticed that the accused Namdeo was assaulting him. PW6-Sopan saw the accused administering axe blow on the head of his father Ninaji, in the light of electric bulb. On seeing Sopan, the accused Namdeo fled away from the place taking axe in his hand. Sopan chased him, but the accused disappeared in the darkness and Sopan could not catch him. PW8-Raju Prahlad Sonune, who was a neighbour, also heard the shout of Ninaji and came there. He also tried to catch the accused Namdeo but could not succeed. Sopan and Raju returned to the backyard where Ninaji was lying. They noticed two injuries one on the head and another near his right eye and they were bleeding. Meanwhile neighbours had gathered. Ninaji was then taken to Dr. Suresh Wagh (PW7). According to the prosecution, Dr. Suresh Wagh- PW7 asked Ninaji as to what had happened and the latter told him that accused Namdeo had assaulted him with axe. Dr. Suresh Wagh gave one injection to Ninaji and asked Sopan to take Ninaji to the hospital at Malkapur for better treatment. Sopan and his friends brought Ninaji to Malkapur in a jeep at about 6.30 a.m. in the following morning at the hospital of Dr. Suhas Borle (PW3), who advised to take Ninaji to 'Advance Critical Center' at Malkapur and accordingly he was taken there. Dr. Suhas Borle examined Ninaji and applied stitches to his wounds. However, at about 8.00 a.m. on that day, Ninaji succumbed to the injuries in the hospital itself. At about 8.15 a.m., Dr. Suhas Borle sent report to police station, Malkapur about the accidental death of Ninaji. A case was registered at Malkapur police station being Accidental Death Case No. 24 of 2000. At about 12.00 noon, PSI Diwakar Pedgaonkar (PW10) and other police officers came to Advance Critical Center, prepared inquest panchnama of the dead body of Ninaji and seized the quilt, kerchief from dead body and sent the dead body for autopsy. Then, complainant Sopan went to Malkapur rural police station and gave oral information which was reduced to writing and the same was treated as complaint (Ex.38).;