Intention in culpable homicide is inferred from the nature of the weapon used, the location of injuries, and conduct indicating a purposeful act to achieve a harmful outcome.

JUDGMENT :

(PER : URMILA JOSHI PHALKE , J.)

1. Both these Appeals arising out of the judgment and order of sentence passed by the Additional Sessions Judge, Yavatmal in Sessions Trial No.82/2016 dated 24.10.2018 by which the accused No.1/Gajanan Haridas Gawrane is convicted of the offence punishable under Section 302 of the Indian Penal Code (for short “IPC”) and sentenced to suffer imprisonment for life and to pay a fine of Rs.5,000/-, in default to undergo further Rigorous Imprisonment for 6 months.

2. The accused No.1/Gajanan Haridas Gawrane, accused No.2/Sanjay Haridas Gawrane and accused No.3/Mahesh Haridas Gawrane are convicted of the offence punishable under Section 307 read with Section 34 of IPC for attempting to murder Subhash Gawrane and sentenced to suffer Rigorous Imprisonment for 10 years and fine of Rs.2,000/- each, in default to further suffer Rigorous Imprisonment for 6 months.

3. They are also convicted of the offence punishable under Section 307 read with Section 34 of IPC for attempting to murder Ashok Gawrane and sentenced to suffer Rigorous Imprisonment for 10 years and fine of Rs. 2,000/- each, in default to further suffer Rigorous Imprisonment for 6 months.

4. Criminal Appeal No.793/2019 is preferred by accused No.1/Gajanan Haridas Gawrane, whereas Criminal Appeal No. 719/2018 is preferred by accused No.2/Sanjay Haridas Gawrane and accused No. 3/Mahesh Haridas Gawrane. 5. Brief facts of the prosecution case emerges from the Police papers and recorded evidence are as under:

5(i). The Informant Sunita Ashok Gawrane has lodged report alleging that deceased Durga @ Panchfula was her mother, whereas injured Ashok Gawrane is her father and another injured Subhash Gawrane is her brother. The accused Nos. 1 to 3 are cousin brothers and are residing adjacent to her house.

5(ii). On 27.06.2016 in the morning there was a quarrel between accused No.3/Mahesh and injured Subhash, as accused No.3/Mahesh suspected that injured Subhash has stolen his wallet having Rs.350/- and ATM Card. On that count, there was a quarrel between them. Around 04.00 p.m., all accused came besides the house of Informant and again started to quarrel with injured Subhash by suspecting theft by him and accused Nos. 2 and 3 i.e. Sanjay and Mahesh started beating injured Subhash. Injured Ashok intervened in it, therefore he was also assaulted. At the relevant time, the accused No.1/Gajanan came there and there was altercation of words and accused No.1/Gajanan again went to his house, brought knife and gave two blows of that knife on the abdomen of injured Ashok and blow of knife on the abdomen of injured Subhash. The accused Nos. 2 and 3 started beating both the injured by kicks and fist blows and by brick. To save the injured deceased Durga @ Panchfula came out of the house with chilly powder and thrown the said powder on the person of the said accused and ran towards the road. The accused No.1/Gajanan chased her and gave a blow of knife on her neck, therefore she fell down and died on the spot.

5(iii). The Police persons immediately came on the spot and moved the injured persons to the Hospital. The daughter of injured Ashok and deceased Durga @ Panchfula namely Sunita lodged the report about the incident. On the basis of the said report, the crime was registered against the accused persons under Sections 302 and 307 read with Section 34 of IPC and Section 4/25 of the Indian Arms Act.

5(iv). After registration of crime the wheels of investigation started rotating. The Investigating Officer visited the spot of incident, drawn the spot panchnama, seized the clothes of the injured, deceased and accused persons, seized the blood samples of deceased, injured and accused per