Point of Law: Homicidal death of deceased - Witnesses turned hostile - three successive blows were given on the back side of the head of deceased, having knowledge that death was likely to be caused on the part of the appellant/accused cannot be ruled out.

JUDGMENT :

V.K. JADHAV, J.

1. This appeal is directed against the judgment and order of conviction passed by the Additional Sessions Judge, Ahmednagar dated 28.4.2014 in Sessions Case No. 199 of 2013 convicting thereby the appellant/accused for the offence punishable under section 302 of the Indian Penal Code and sentencing to suffer imprisonment for life and to pay fine of Rs. 1,000/- in default to undergo S.I. for a further period of three months.

2. Brief facts of the prosecution case, are as follows:-

(a) PW-1 complainant Kanna Babu Madrasi is original resident of Jabalpur (MP). PW-1 Kanna Madrasi was doing the business of selling roots alongwith his family members. All of them were wandering from one place to another place for selling roots. On 2.4.2013 PW-1 Kanna Madrasi had been to Ahmednagar from Jabalpur alongwith one Omprakash Begel, Jawed Shaikh and Kaliya Madrasi. PW-1 Kanna Madrasi alongwith his friends and family members was camping on the foot path in front of Ahmednagar Railway Station near one school compound. On 3.4.2013 his brother Raja Madrasi also came from Jabalpur to Ahmednagar and he has also started staying alongwith them on the foot path. The appellant/accused Rajkumar Rajput, who was also resident of Jabalpur also came to Ahmednagar. The appellant/accused was also camping with PW-1 Kanna Madrasi. Left hand of the appellant/accused was amputed and he was earning his livelihood by begging.

(b) The incident had taken place on 4.4.2013 at about 8.30 p.m. On that day, in the morning, the appellant/accused Rajkumar Rajput had gone for begging in Ahmednagar City and brother of complainant deceased Raja Madrasi alongwith his friend had gone for collecting the roots. At about 4.00 p.m. deceased Raja Madrasi alongwith Omprakash Bagel, PW-1 Kanna Madrasi as well as Javed Shaikh returned back. The appellant/accused Rajkumar Rajput also returned at about 6.00 p.m. PW-1 Kanna Madrasi then collected Rs.15/- from each of his friends and brother for preparing meals and then went towards the Railway Station. Deceased Raja Madrasi was talking with appellant/accused Rajkumar Rajput. However, quarrel had taken place between deceased Raja Madrasi and the appellant/accused Rajkumar Rajput. Both of them started giving abuses to each other. PW-1 Kanna Madrasi then asked them to calm down, but both were not listening. As per the prosecution story, deceased Raja Madrasi picked up one cement block lying on the foot path and thrown the same at accused Rajkumar Rajput. In consequence of which, the appellant/accused Rajkumar Rajput sustained injury. The appellant/accused Rajkumar Rajput then picked up another cement block from the foot path and assaulted deceased Raja Madrasi by means of the same. The appellant/accused Rajkumar Rajput had given 2 to 3 blows of cement block on back side of head of deceased Raja Madrasi. In consequence of which, deceased Raja Madrasi sustained severe bleeding injuries on the head and he fell down on the foot path itself. Someone present near the foot path informed to the Kotwali Police Station and police accordingly came to the spot. They immediately shifted deceased Raja Madrasi to the Civil Hospital, but he died in the Civil Hospital. PW-1 Kanna Madrasi has lodged the report about the incident Exhibit 11. On the basis of his report, crime bearing no. 125 of 2013 came to be registered against the appellant/accused Rajkumar Rajput for the offence punishable under sections 302, 504 of the Indian Penal Code. Thereafter, the Police of Kotwali Police Station went to the spot of the occurrence located on the foot path in front of Ahmednagar Railway Station and drawn the spot panchnama Exhibit 53 in presence of the panch witnesses. Police also collected sample of blood from the spot. PW-13 PI Abhiman Pawar effected arrest of the appellant/accused and sent him for medical examination. The appellant/accused has also lodged the complaint Exhibit 36 against the deceased Raja Madrasi. PW-13 PI Pawar had sent the ap