Indian Kanoon - Search engine for Indian Law

1. This appeal by the accused is directed against an order of conviction and sentence recorded by the Sessions Judge, Jalgaon, in Sessions Case No. 37 of 1980 in respect of offence punishable under section 325 of the Indian Penal Code.

2. The victim of offence of alleged murder in this case is one Tukaram Hari Mahajan who was resident of village Waghod, a place about five kilometres away from Raver. The accused in this case is one Mushrikha who is resident of Raver town. It appears that Tukaram was to pay some amount No. 35/- to the accused and a demand about that amount was made by the accused to the deceased. On the date of incident which was 8th March, 1980 the accused Mushirkha met the deceased Tukaram near the weekly Market at Raver at about 2.30 p.m. or so and the quarrel between them took place just in front of a hotel which is styled as Saraswati Hotel and owned by Khandu Mahajan P.W. 3. The accused was demanding amount of Rs. 35/- from the deceased but the deceased expressed his inability to pay any amount to the accused on the ground that he was not liable to pay that amount. Some persons gathered near about the place of quarrel and as Tukaram i.e. the deceased did not pay amount to the accused inspite of constant demand, the accused dealt fist blows on the ribs of the deceased and also slapped him on his face. It appears that deceased Tukaram tried to escape from the road where the incident took place and he wanted to take shelter in the hotel of Khandu Mahajan but there also he was apprehended by the accused who again made a demand for the amount. The deceased said to the accused that he possesses only a five rupee note and accordingly that currency note of Rs. 5/- was snatched away by the accused from him. The accused then gave threats to Tukaram and went away.

3. It appears that deceased Tukaram made an appeal to the persons collected at the that some justice should be done to him and, therefore, one Shivnathsingh P.W. 5 who was doing a work of painting in a nearby shop brought a paper and scribed complaint on it as stated by the deceased. He then handed over that written application to deceased Tukaram asking him to hand it over at the Police Station. It is the case of the prosecution that deceased Tukaram felt giddy and he could hardly cross some distance. Some persons helped him to reach him to the secluded place i.e. under the shade of tree near Raver Barhanpur Road and Tukaram was made to lie down. He was also given water but his condition was deteriorating. Some persons saw deteriorating condition of Tukaram and happened to inform Khandu Mahajan P.W. 3 about the critical condition of Tukaram and hence some persons who had actually seen the incident including Shivnathsingh P.W. 5 went to the Police Station at Raver and informed Head Constable Arjun Jadhav who was Police Station Officer at that time. The incident was orally narrated to Head Constable Jadhav who recorded an entry in the station diary and he deputed one Police Constable named Suklal to go with the informants to the place where the injured person was lying in a critical condition. Suklal Constable immediately removed the injured Tukaram to the Municipal Hospital at Raver where he was treated by Dr. Jagannath Shirode P.W. 4. However, within 10 minutes of the arrival of Tukaram to the hospital he breathed his last. The Medical Officer accordingly sent intimation about the death of Tukaram to the Police Station at Raver. Head Constable Jadhav went to the hospital and recorded inquest panchanama Exh. 12. The corpse was then sent to the Medical Officer for post mortem examination and Dr. Shirode P.W. 4 held an autopsy on the dead body of deceased Tukaram. It appears that Shivnathsingh who had scribed application as per say of Tukaram was called at the Police Station by Head Constable Jadhav who recorded his statement. After going through the statement of Shivnathsingh, Head Constable Jadhav submitted a regular complaint alleging that the accused had committed murder of the deceased Tukaram and had also robbed him of an amount of Rs. 5/- and on the basis of this complaint an offence being Crime No. 12 of 1980 was registered at the Police Station at about 9.15 p.m. on the same day i.e. 8th March, 1980.

4. Shri Chaugle P.W. 10 P.S.I. attached to Raver Police Station took charge of the investigation at about 9.45 p.m. on 8th March, 1980 and on the next day i.e. on 9th March, 1980 he recorded spot panchanama (Exh. 22). He also visited the spot where Tukaram was said to be lying in a critical condition and recorded panchanama of that place which is at Exh. 23. After necessary investigation, a charge sheet for offences punishable under sections 302 and 394 of the Indian Penal Code came to be filed against the accused in the Court of the Judicial Magistrate, First Class, Raver. The learned Magistrate committed the accused to stand, his trial in the Sessions Court at Jalgaon since the offence of murder was exclusively triable by the Court of Sessions.

8. Khandu P.W. 3 is a resident of Raver town and admittedly he runs a hotel styled as Saraswati Hotel on the northern side of the weekly Bazar. According to him, on 8th March, 1980 at about 2.30 p.m. while he was sitting at the counter in his hotel, he heard a quarrel going on the road in between Tukaram Mahajan and the accused Mushirkha. The quarrel was over some financial matter and accused demanded Rs. 35/- from Tukaram. Since he was fined because of him (Tukaram) and, therefore, he was demanding Rs. 35/- from Tukaram but Tukaram expressed his inability to pay that amount to him. As Tukaram did not pay money to Mushirkhan inspite of demands, the accused dealt two fist blows over the ribs of Tukaram. After being beaten by Mushirkhan (accused), Tukaram came running towards his (Khandu's) hotel and accused also followed him and caught hold of Tukaram near the Osari of his hotel. The accused insisted for money and so Tukaram took out Rs. 5/- from his pocket and showed the said currency note of Rs. 5/- to the accused and other persons who had assembled near the spot. The currency note of Rs. 5/- was snatched away by the accused who left spot after giving threat to Tukaram. He has then referred to the appeal made by injured Tukaram to the people who had assembled at the spot and he then refers to the application which was written by Shivnathsingh P.W. 5 at the instance of Tukaram. After taking possession of that application Tukaram went away towards the western side for going to the Police Station. It appears from his evidence that at about 4.30 p.m. one Motiram Lohar informed him in his hotel that Tukaram of Waghod was lying near a hotel by the side of Raver Barhanpur Road and accordingly he requested Shivnathsingh, Baliram and Ganesh to go there and see what the matter was. At about 5.30 p.m. he came to know that Tukaram was dead.