1 CrAppln.2023.2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CRIMINAL APPLICATION NO.2023 OF 2019

IN

CRIMINAL APPEAL NO.682 OF 2019

Makadya S/o. Vitthal Pawara,

Age : 34 years, Occu. Nil,

R/o. Borpani, Tq. Shirur,

Dist. Dhule.

.. Applicant /

Appellant

Versus

The State of Maharashtra

.. Respondent

…

Mr Hanumant P. Jadhav, Advocate for the applicant (appointed)

Mr. R.V. Dasalkar, APP for the respondent / State

…

CORAM : RAVINDRA V. GHUGE

AND

B. U. DEBADWAR, JJ.

Reserved on : 09-02-2021

Pronounced on : 12-02-2021

ORDER ( PER : B. U. DEBADWAR, J. ) :-

1.

This is an application under Section 389 (1) & (2) of the Code of

Criminal Procedure, 1973 (hereinafter ‘CrPC’) for suspension of

sentence pending the appeal and release of the applicant / appellant on

bail. Heard Mr Hanumant P. Jadhav, learned Advocate for the applicant

2 CrAppln.2023.2019

/ appellant and Mr R.V. Dasalkar, learned APP for the respondent /

State.

2.

The applicant / appellant has preferred the appeal against

the Judgment and order dated 05-04-2017 passed by the learned

Additional Sessions Judge, Dhule in Sessions Case No.94 of 2014

whereby convicted him for the offence punishable under Section 302 of

Indian Penal Code, 1860 (in short ‘IPC’) and sentenced him to suffer

rigorous imprisonment for life and to pay fine of Rs.1,000/-, in default

of payment of fine he shall suffer further simple imprisonment for four

months.

3.

In short, it is the case of the prosecution that first informant

- Dasharath Chamar Pawara, accused - Makadya S/o. Vitthal Pawara

and deceased - Chamar Mavashya Pawara are resident of one and the

same village i.e. Borpani, Tal. Shirpur, Dist. Dhule. First informant -

Dasharath Chamar Pawara is the son of deceased Chamar Mavashya

Pawara. They used to reside together with their family members.

Accused Makadya Pawara was their immediate neighbour. The houses

of deceased Chamar and accused Makadya were situated on the western

side of Boraji - Shahada road. There was sufficient open space in

between the said road and the house of accused Makadya. On

3 CrAppln.2023.2019

18-02-2014 at about 04:00 p.m. deceased Chamar Pawara went to the

open space situated in front of the house of accused Makadya for

urination, as many persons of surrounding area use the said place for

urination. After attending the nature’s call i.e. urination when deceased

Chamar Pawara was returning back to his house, accused Makadya

came outside his house, rushed forward and in loud voice asked

deceased Chamar as to why he used the open space adjacent to his

house for urination. On replying by deceased Chamar that since many

people from the vicinity of the area use the said place for urination, he

had gone there and urinated. Upon saying so, accused Makadya

annoyed. He rushed inside the house, picked up solid wooden log,

returned back and gave forceful blow of the said wooden log on the

head of deceased Chamar. Consequently, deceased Chamar fell down.

Even after his falling down, the accused gave one more blow of the

wooden log on the head of deceased Chamar and ran away leaving the

wooden log there only. Dasharath Pawara and Prakash Pawara, who

were standing by the side of the aforesaid road, looking to the incident,

rushed forward so as to rescue deceased Chamar, but prior to that

accused Makadya had run away.

4.

Deceased Chamar had suffered bleeding head injury and he

had lost the conscious. Dasharath Pawara took his father Chamar

4 CrAppln.2023.2019

Pawara initially to Cottage Hosp