Judgment

SARKARIA, J. :- This appeal by special leave is directed against a judgment, dated December 6, 1975, of the High Court of Bombay, allowing the appeal of the accused-respondent, Krishnamurti Laxmipati Naidu, and acquitting him of the charge under Section 302, Penal Code, in respect of the murder of one Mahadev Sidhuji Kale at Gondia.

2. The deceased was a retired Railway Guard, aged about 65 years. After his retirement, he constructed a house in Civil Lines, Gondia and started living in it along with his six sons, including Shiva (P. W. 10), Satyanarayan (P. W. 18) and wife, Shakuntala (P. W. 7). The families of his married sons were also living in the same house.

3. The respondent (hereinafter referred to as the accused) was at the time of this incident a Railway Khalasi serving in the Loco Shed, Gondia. He was an unmarried person and was joint in residence with his brothers, Vyenkat and Gajpati. One Madhukar Ramanna Bhongirwar (P. W. 13) was also living in the house of the accused along with his wife, Kamalabai, and four children till about January or February, 1973. Bhongirwar then left that house and came to reside in the half portion of the first floor of the house of the deceased, as a tenant paying a monthly rent. The accused used to visit the house of the P. W. 13 in the latters absence and meet his wife Kamalabai. This gave cause for quarrels between Bhongirwar on the one hand and the accused on the other. The deceased and his family members also disliked the visits of the accused to Kamalabai in the absence of her husband, as they apprehended that this might have a bad environmental effect on the daughters and daughter-in-law of the deceased. Consequently, the deceased and his family members asked the accused to desist from paying visits to Kamalabai. The accused started nursing a grudge against the deceased and his family members. On March 1, 1973, he assaulted Chandrakant (P. W. 22) in the Chowk situated to the north of the house of the deceased. Thereafter, the accused and his elder brother, Vyenkat, went to the apartment in the occupation of Bhongirwar (P. W. 13), after nightfall Bhongirwar confronted them and demanded an explanation as to why the accused was visiting his house in his absence. The accused retorted that he was visiting at the invitation of Kamalabai. Kamalabai refuted this insinuation. The accused then demanded that the photograph showing him in the company of Kamalabai, be returned to him. The photograph was returned.

4. On March 8, 1973 at about 7 p. m., while Shivaji (P. W. 10) was entering his family house, the accused came there. Brandishing an open knife, he challenged Shivaji to come out and started hurling abuses. On account of fright, Shivaji went into his house. Before Shivaji could come out armed with a stick, Mahadeorao deceased came out and tried to pacify the accused. A loud exchange of hot words between the accused and the deceased ensued. On hearing this altercation, Shakuntala, the mother of Shivaji also came out and stood by the side of her husband. The accused stabbed Mabadeorao twice in his abdomen. The deceased uttered the word "Ah", bent down and pressed his wounds with the corner of his Dhoti. In the meantime, Shivaji had come out with a stick. The accused pushed and threw down Shakuntalabai to the ground and started running away. Shivaji then gave blows with the stick to the accused and chased him. Shivajis brothers, Chandrakant and Ramkrishna also joined in the chase, but the accused escaped.

5. On receiving a message from P. W. 18 at 7.40 p. m., Laxmikant (P. W. 23), the Circle Police Inspector made an entry (Ex. 23) in the Daily Diary and then immediately proceeded to the K. T. S. Hospital, Reaching there, he found that the condition of Mahadeorao was serious. He lost no time in sending a message to the Taluqa Executive Magistrate through his Sub-Inspector. Thereupon, Shri Girdhari Singh Thakur, the Taluqa Executive Magistrate arrived at the Hospital at 8.05 p. m. The