JUDGMENT - BRAHME P.S., J.:—This is an appeal filed by the appellant challenging the judgment passed in Sessions Trial No. 46/1997 by Additional Sessions Judge, Pusad on 29-10-1999 convicting the appellant for offence under section 302 I.P.C. and sentencing him to imprisonment for life.

2.The appellant was tried for committing murder of Vyankat Yellappa Pawar on 17-5-1997 at 12.00 noon at Arni within the limits of Police Station, Arni. The prosecution case is that the appellant had a dream in which he was sounded that a short person was going to commit his murder. So it was in that context the appellant came to Arni in search of such a short person with axe and dagger with him. The victim Vyankat Yellappa Pawar, since now deceased, was a short person though he was aged 40 years. He was a beggar and he used to earn his livelihood on begging. One Raisabi (P.W. 6) who was having a shop of scrap material at Arni near bus stand, was present in her shop. On the date of occurrence she had seen victim Vyankat sitting by the side of drainage near her shop in front of house of one Bapurao Gophne. It is alleged that the victim Vyankat teased the appellant by calling him as thief. The appellant getting enraged by that, took out an axe and inflicted blow of it on the head of Vyankat due to which he sustained injuries on his head. Thereafter, the appellant took out the dagger that was kept in shirt and inflicted many of the blows of dagger on his abdomen. As a result of that assault the victim Vyankat sustained multiple bleeding injuries. Raisabi had witnessed the incident of assault. She started shouting and hearing her shouts people present at the bus stand reached to the spot. The appellant tried to run away with weapons, but people caught him. He was also assaulted by the persons collected there. The appellant had thrown the weapons on the spot. The appellant had also sustained injuries when people assaulted him. By that time Police Constable Ashoksingh (P.W. 9) and one Police Constable Bhagat reached on the spot. Police Constable Ashoksingh had taken the accused in his custody. One Mangala Shinde (P.W. 7) who was residing in the same locality rushed there and saw the victim Vyankat lying in injured condition. She went to the house of the victim Vyankat and told his mother that Vyankat was lying in injured condition. His mother Girjabai (P.W. 5) reached to the place of occurrence and took her son Vyankat to the hospital, but he died on the way. Police Constable Ashok Singh had taken the appellant to Police Station.

3.Thereafter, the mother of victim-Girjabai (P.W. 5) went to the Police Station and lodged report about occurrence against the appellant. On the basis of that report offence was registered vide Crime No. 74/1997 under section 302 of I.P.C. and section 3(ii) and (xi) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. P.S.O. Omprakash Ambelkar (P.W. 10) carried out investigation in the matter. He visited the place of occurrence as shown by witness-Girjabai and prepared a spot panchnama. The weapons lying on the spot, blood mixed earth, etc. were seized under seizure memo (Exhibit 11). The Investigating Officer visited hospital and made inquest panchanama of dead body of Vyankat and referred the dead body for post-mortem examination. Dr. Madhukar Rathod (P.W. 4) carried out autopsy on the dead body and prepared post-mortem report (Exhibit 34). He found the following external injuries on the dead body as detailed in Column No. 17 of the post-mortem note.:

(1) Sickle shape clean out injury over the scalp at the middle region. Horizontally placed with concivity backward with scratch over the scull at the middle of the injury. Size 3½" x ½" bonny deep, caused due to heard and sharp object.

(2) Stab injury over right fore arm lower third ulnar side obliquely placed with upward and medial direction. Spindle shaped 1 cm x 1 cm by skeen deep.

(3) Five spindle shaped clean cut injury over left fore arm (i) Ventral aspect

Click Here to Read the rest of this document