The prosecution successfully proved the charge of murder against the accused beyond reasonable doubt, leading to the confirmation of the judgment and order of conviction.

JUDGMENT :

SHRIKANT D. KULKARNI, J.

1. This appeal is directed against the judgment and order of conviction passed in Sessions Case No.20 of 2011 by the Additional Sessions Judge at Biloli dated 24.05.2013 whereby the appellant/original accused no.1 has been convicted of the offence punishable under Section 302 of the Indian Penal Code.

2. The prosecution case in narrow compass is as under:

2(i) Shankar Venkat Papulwad (since deceased) and accused Tulshiram Balaji Papulwad are relatives and resident of Patoda, Tq. Naigaon. They reside in the same area of village Patoda. The incident took place on 15.12.2010 about 1.00 p.m. near the house of deceased. Deceased Shankar, Sambhaji Palulwad, Sanbhaji Papulwad (uncle of the first informant) and some villagers were weighing Soyabean and putting them into gunny bags. Balaji Papulwad who is son of the deceased (first informant) was also present there.

2(ii) According to the prosecution story, the accused had contested the Grampanchayat election of Patoda on 2-3 occasions, but he was defeated. In September 2010, one Kalawatibai a member from the party of the deceased had contested the Grampanchayat election and she was elected unopposed. For the said election, the deceased and the first informant had extended help to Kalawatibai for the victory. In the same Grampanchayat election of September 2010, the sister-in-law of the accused had filled-in nomination form, but her nomination form came to be rejected. It is alleged that the accused had grudge in his mind against the deceased due to his defeat in Grampanchyat election as well as defeat of his sister-in-law.

2(iii) It was about 1.00 p.m., accused armed with big knife rushed towards the platform where the work of weighing of Soyabean was going on. The accused alleged to have made attack on the person of the deceased Shankar. The accused alleged to have given blow of knife in his abdomen. The accused alleged to have stated to the deceased that because of him, his life is ruined and he always support to the opposite party and because of that he never won the Grampanchayat election. After giving first blow by knife, accused took out the knife and gave second blow on the neck of the deceased and fled away.

2(iv) Shankar was seriously injured in the attack and he was taken to the hospital at Barbada by the first informant where he was declared dead.

2(v) On the basis of first information report lodged by Balaji, on 15.12.2010 with Police Station Kandhar, crime No.107 of 2010 under Section 302 of the Indian Penal Code came to be registered.

2(vi) On the basis of supplementary statement given by the first informant, two more accused namely Sanjay and Balaji were roped in the said crime. Both the accused alleged to have instigated the present accused and they alleged to have committed murder of Shankar with common intention.

2(vii) After making attack on the deceased, the present accused alleged to have taken shelter in the house of Bajirao Hambarde (PW No.5). The intimation was given to the police and police rushed to the house of Bajirao Hambarde at village Patoda where from accused Tulshiram taken into custody armed with knife. The dead body was sent to the hospital for postmortem and report. The investigating officer has seized the knife from the accused under seizure panchanama as well as clothes on his person at that time. The clothes of deceased also came to be sized. Seized clothes of deceased, clothes of accused and weapon recovered from him were sent to Chemical Analyzer for analysis and report. The investigation agency collected the Chemical Analyzer’s report during course of investigation. The investigating officer has recorded the statements of witnesses including two eye witnesses namely Sambaji and Bajirao.

2(viii) The investigating officer found sufficient incriminating evidence against the accused and filed charge-sheet against in all three accused persons for the offence punishable under section 302 read with section 34 of the Indian Pe