- (1.) SINCE these four connected matters arise out of the same set of facts and a common impugned judgment, we are disposing them off by one Judgment. Subhash mallikarjun Menase the original accused was tried by the iind Additional Sessions Judge, Solapur, in Sessions Case no. 127 of 1984 for offences punishable under sections 302/324/326 of Indian Penal Code and was convicted and sentenced vide Judgment dated 22-1-1985 in the manner stated hereinafter :- (i) Under section 304 Part II, Indian Penal Code to 5 years R. I. (ii) Under section 324, Indian Penal Code to 1 year R. I. and to pay a fine of Rs. 200/- in default to undergo R. I. for 2 months, (iii) Under section 326, Indian Penal Code to 3 years R. I. and to pay a fine of Rs. 300/- in default to undergo R. I. for 3 months. Criminal Appeal No. 62 of 1985 has been preferred by subhash Minase, assailing his said conviction and sentence. Criminal Appeal No. 184 of 1985 has been preferred by the State of Maharashtra against his acquittal for offence under section 302, Indian Penal Code. Criminal Appeal No. 185 of 1985 has been preferred by the State of Maharashtra with a prayer that the sentence awarded to him for offences under section 304 Part 2, Indian penal Code 324 and 326, Indian Penal Code be enhanced. Criminal Revision Application No. 77 of 1985 arises out of suo motu notice issued by a learned Single Judge of this court (Kotwal, J.) in terms that the appellant should show cause as to why his sentence be not enhanced.
(2.) IN short, the prosecution case runs as under :- The informant Sharanappa Revansidhappa Hulle PW 5, was the husband of the deceased Annapurna. The couple had no issues and therefore adopted Revansidha alias Vilas P. W. II as their son. Muktabai PW 8 was the real sister of annapurna. She had two daughters namely Papi alias Snehiata pw 10 and Surekha. The latter was married to Revansidha alias Vilas. The said persons lived together in a house called Hulle Nivas at Shelgi within the limits of Taluka police station in the District of Solapur. Sharanappa Hulle PW 5 had five tenants. One of them was the accused Subhash Menase. He wanted his tenants to vacate their respective premises as he was short of accommodation. On this score, relations between him and the accused got strained. On 20-4-1984, at about 8 a. m. Papi PW 10 had gone to the back side of the house and a quarrel between her and the accused took place. When Annapurna intervened in the same, the appellant inflicted stick blows on her person. Annapurna lodged complaint (Exhibit 26) in respect of that incident. The same day the accused after locking his room went away. On 23-4-1984, at about 7 a. m. Papi went to bring a packet of biscuits. She came back and informed the deceased and others that accused was in Mallikarjun temple. Consequently, Sharanappa along with Revansidha, Annapurna, muktabai and Papi went to Mallikarjun temple to tell him to remove his luggage. On reaching the temple, Sharanappa and others found that the accused armed with a knife (at some places, it has been described as a gupti) was standing near the platform of the temple. On seeing Sharanappa and others, he pushed Papi, sat on her back and started inflicting knife blows thereon. Revansidha rushed to her rescue and thereupon he set her free and started inflicting knife blows on his ribs. In the meantime, he gave a knife blow on the stomach of Annapurna who succumbed to her injuries instantaneously. When Muktabai rushed to the rescue, he inflicted a knife blow on her stomach. Muktabai caught hold of the knife and sharanappa also tried to catch hold of it and in that process, both Sharanappa and the accused sustained injuries, on their hands. Apart from the victims, this incident was also seen by mallikarjun Patil, Chanappa Bableshwar and Basawaraj kumbhar. Immediately after the incident, a rickshaw was arranged for and in the same, Sharanappa, Revansidha, muktabai and Papi came to the Civil Hospital, Solapur.
(3.) THE injuries of Muktabai, Sharanappa, Revansidha and papi were medically examined the same day, between, 7. 15 a. m. and 8. 30 a. m. at the General Hospital Solapur by Dr. Ramesh Dadake PW 3. On the person of Muktabai, the doctor found a stab wound below xiphisternum of the size of 7. 5 cms. x 2. 54 cms. x 10 cms. The said injury was grievous in nature and was attributable to a sharp weapon like gupti (Article No. 25) shown to him. On the person of Sharanappa, a contusion 1 cm. x 0. 5 cms. over right lateral aspect of wrist joint was found. It was simple in nature and attributable to a hard and blunt object. On the person of Revansidha, following injuries were found :- (1)Incised wound 2 x 1? x muscle deep over scalp 1 over occipital of head. (2)Incised wound 1 x 1? x skin deep over right auxiliary region. (3)Incised wound ? x ? x muscle deep over right scapular region. (4)Incised wound ? x ? x muscle deep over left inter scapular region. (5)Incised wound, penetrating, 2 x ? x peritoneum deep over right lumbar region. (6) Incised wound ? x ? x muscle deep over abdominal wall left lumbar region. (7)Incised wound 1 x ? x left lumbar region anterior side 1 below 12th rib. (8)Incised wound ? x ? x skin deep on the left arm lateral side. Excepting injury No. 5 which was grievous in nature, other injuries were simple. They were attributable to a gupti (Article No. 25 shown to him) On the person of Papi, the doctor found a penetrating injury 5 x 3 x peritoneal cavity deep on the left side of the chest on the back side. The said injury was grievous in nature and could be caused by the gupti (Article No. 25) shown to him. In the opinion of Dr. Dadake, the injuries on all the victims could be caused within 12 hours. Such was the seriousness of the injuries sustained by muktabai and Papi that same day, they were operated under the supervision of a surgical team of Dr. Janardan Vasudeo deshmane, PW 6, Head of the Department Surgery, Dr. V. M. Medical College, Solapur, and were discharged from the hospital after a month. In his statement in the trial Court, dr. Deshmane stated that in case Muktabai and Papi had not been operated, they could not have survived.;