Namdeo vs State Of Maharashtra

Short facts leading to the present appeal are that the deceased Ninaji Rupaji Ghonge was a resident of Deodhaba, Taluk Malkapur, District Buldana. He was residing with his son Sopan (PW6). His other sons were staying separately. Deceased Ninaji possessed she goats, sheep and she buffalos. The appellant-accused Namdeo was also residing in a nearby house. Relations between the deceased Ninaji and the accused Namdeo were strained. The reason was the belief entertained by the accused. Namdeo harboured a suspicion that she goats and sheep belonged to him died due to some disease and the deceased Ninaji and his friends were responsible for the death of those animals as deceased Ninaji had played a witch craft. This resulted in accused Namdeo abusing the deceased and administering threat to kill. PW6- Sopan, son of the deceased, however requested village people to settle the dispute between his father and the accused. Accordingly, some responsible persons intervened, called both of them and advised not to quarrel.

On the basis of the above report, offence vide Crime No. 94 of 2000 was registered under Section 302 IPC. PSI Diwakar himself took over the investigation of the case. He went to village Deodhaba, where the offence was committed. He prepared sketch of scene of offence in presence of panchas. He found the blood lying on the earth at the place and one wooden cot also. One pillow stained with blood was on the cot. He collected samples of blood smeared earth and simple earth and attached the pillow and wooden cot under the panchanama. He noticed that one electric bulb was near one room in that house. It was tested and found operating. Supplementary statement of complainant Sopan and of other witnesses were recorded. After completion of investigation, charge sheet was submitted against the accused in the Court of Judicial Magistrate, Malkapur who committed the case to the Sessions Court, Buldana.

During the investigation, the axe was also recovered at the instance of accused Namdeo by the Investigating Officer. The prosecution had examined PW9Nivrutti Patil who was a panch witness. The accused had made a statement that he had concealed the axe beneath the fodder of his cattle shed and he would produce it. Memorandum of statement (Ex.44) was prepared and the accused led the panch and PSI Diwakar to the cattle shed from where the axe stained with blood was found. PW10PSI Diwakar sent muddamal axe to Chemical Analyzer, Nagpur which was found to have human blood. No blood group, however, could be ascertained. On the basis of the above evidence, the trial Court held that it was proved beyond reasonable doubt that it was accused and accused alone who had caused injuries to the deceased which resulted in his death. The accused was, therefore, convicted for an offence punishable under Section 302 IPC and was awarded imprisonment for life. The appeal filed by the accused before the High Court was dismissed observing that the trial Court had not committed any error and the judgment and order did not deserve interference. The said order is challenged before this Court.

For the foregoing reasons, we see no infirmity in the orders passed by the courts below. The appeal deserves to be dismissed and is accordingly dismissed. The order of conviction and sentence is hereby maintained.