Vishnu Sahai, J. - (1.) THROUGH this Appeal the Appellant challenges the judgment and order dated 28-8-1995 passed by the 3rd Additional Sessions Judge, Satara in sessions case No. 42 of 1959 convicting and sentencing him in the manner stated hereinafter : i)Under section 302 IPC, to suffer imprisonment for life ; ii)Under Section 324 I. P. C. to suffer 6 months R. I. ; and iii)Under section 504 IPC, to suffer 3 months R. I. It is pertinent to mention that the wife of the Appellant, Vatsala Shelar was also tried with him but since she was sentenced to 6 months R. I. for the offence under section 324 IPC. , she perhaps thought that discretion was the better part of valor and did not prefer an appeal against her conviction and sentence.
(2.) IN short the prosecution case runs as under : The informant Jijabai Salave P. W. 1 is the wife of the deceased Bhimrao Salave. She, Bhimrao Salave and the Appellant were employed by contractor Dnyanoba Karke P. W. 2 for cutting sugarcane. All of them were residing in a cluster of huts located in close proximity at Tasgaon in the district of Satara. On 29/12/1994 the informant, her husband Bhimrao and the Appellant did the work of cutting sugarcane till 2 p. m. At about5 p. m. Bhimrao, the Appellant and some others went to Satara for marketing. At about10 p. m. they returned from the market. Thereafter Bhimrao and the Appellant again went somewhere and returned after one hour. The Appellant thereafter came to the informant's hut and asked Bhimrao to pay him money, due on him. Bhimrao replied that he would make the payment in the morning. The Appellant then demanded Rs. 10/- from him and started abusing him. Bhimrao went to the hut of Ashok P. W. 3 and took Rs. 10/- from him and gave it to the Appellant. INspite of this the Appellant started abusing him. Bhimrao hurled a shoe at the Appellant and it appears that he felt so much humiliated by this act of Bhimrao that he went to his hut, brought a sickle and inflicted a blow with the same on Bhimrao's neck. At that time the Appellant's wife Vatsala caught hold of Bhimrao. Thereafter the Appellant ran away. Vatsala however, was apprehended on the spot. It is significant to mention that apart from Jijabai Salave P. W. 1 this incident was seen by Dnyanoba Karke P. W. 2 and Kalindi Salave P. W. 6. They were residing in huts contiguous to that of the deceased. 2a. The evidence of Jijabai Salave P. W. 1 shows that about5 to 10 minutes after being assaulted her husband Bhimrao succumbed to his injuries. Thereafter she and others went to Mr. Ambre of Tasgaon and then came to sugarcane factory in a truck. Thereafter they came to Satara in the morning, where at Satara Taluka Police Station Jijabai Salave P. W. 1 lodged her F. I. R. exhibit 9. The autopsy on the corpse of Bhimrao was conducted on 30-12-1994 by Dr. V. B. Salunkhe who found on it a solitary ante mortem injury viz. Oblique incised wound on left side starting from 2" below the left angle on mandible upto 1/2" above the medial end of left clavicle measuring in length 2". On internal examination Dr. Salunkhe found left carotid artery and left jugular vein to be reptured and trachea damaged. The deceased died on account of the said internal damage. The investigation was conducted in the usual manner by A. P. I. Ashok Survegandh P. W. 7.On 30-12-1994 itself he prepared the spot panchanama, inquest panchanama and sent the corpse for autopsy. That very day he recorded the statement of 11 witnesses and arrested the Appellant and his wife Vatsala Shelar. On 5-5-1949 during the course of investigation the Appellant expressed his willingness to get the weapon of assault viz. , the sickle recovered. The said willingness was recorded in a panchanama in the presence of public panch Sugandh Londhe P. W. 5.Thereafter A. P. I. Survegandh along with the Appellant and public panch proceeded in a jeep to Tazgaon where from a sugarcane field he took out the said sickle. The said recovery was effected under a panchanama. After completing the investigation A. P. I. Ashok Survegandh P. W. 7 submitted the chargesheet against the Appellant and his wife Vatsala on 31-1-1995.
(3.) THE case was committed to the Court of Sessions in the usual manner where the appellant and his wife were charged on a number of counts, including 302 r. w. 34 IPC. THEy pleaded not guilty to the charges and claimed to be tried. During trial in all the prosecution examined 8 witnesses. Three of them viz. the informant Jijabai Salave P. W. 1, Dnyanoba Karke P. W. 2 and Kalindi Salave P. W. 6 were examined as eye witnesses. In defence no witness was examined. The learned trial judge believed the evidence of the said eye-witnesses and convicted and sentenced the Appellant and his wife in the manner stated above.;