Balraje @ Trimbak vs State Of Maharashtra

2) The case of the prosecution is as under:

accused is opposite to the house of the deceased. There was enmity between the family of the appellant-accused and the family of the deceased. It is said that they were on inimical terms with each other. On 21.07.1996, at about 11.30 p.m., when Kailas was sleeping in the front room of his house, his wife Kausalyabai (PW-2) and their children were sleeping in the rear side of the room, Balraje

- the appellant had called the deceased to open the door. On hearing the noise of opening the door by Kailas, his wife followed him. When Kailas opened the door, Balraje pulled him out by holding his banian, as a result the banian was torn and came into the hands of Balraje which he threw away and then he gave a knife blow on the chest of Kailas. Thereafter, Kailas started running towards upstairs and called Rameshwar Burande (PW-1), who was residing on the first floor of the building. On hearing the 2 commotion, Rameshwar (PW-1) started coming down. Balraje inflicted a knife blow on the leg of PW-1 and made him to fall on the ground. Sherya Mote (A-4) also inflicted blow on the chest of Kailas and he was thrown on the ground from the steps. The other three persons beat Kailas with wooden pieces. On hearing shouts, people gathered and the appellant along with three persons ran away in a jeep which was brought by them. The neighbours had taken Kailas and Rameshwar (PW-1) to the hospital at Georai in a Auto Rickshaw. Dr. Talwadkar, (PW-17), after giving first aid, referred them to the Civil Hospital at Beed as he found that the condition of the injured was critical. Then they were carried to the Civil Hospital, Beed in a jeep. Kailas died in the Civil Hospital between 3.00 to 3.30 a.m

b) The complaint of PW-1 was recorded in the Civil Hospital, Beed which is Ex. 35. On the basis of the said complaint, FIR was registered with the Police Station, Beed, for the offences punishable under Sections 147, 148 3 and 307 read with Section 149 of the Indian Penal Code. The said complaint was then forwarded to the Police Station, Georai. P.I. Kendre, PW-19, had received the complaint filed by PW-1 at about 9.30 a.m. on 22.07.1997. On the basis of the said complaint, P.S.I. Gajare registered Crime No. 132/96 and handed over the investigation to P.I. Kendre (PW-19). PW-19 went to the place of incident and had drawn a panchnama of place of offence (Ex.54). During the Panchanama, he noticed blood stained mattress, pillow, bed sheet, torn piece of banian, one chappal and a piece of wood were lying on the spot. He then went to the house of Balraje - the appellant herein in his search but he was not there. During his visit to the house, he found that one jeep was parked in the premises and there were blood stains in the jeep. He then attached the said jeep under panchanama as Ex.55. In the said jeep, he found a piece of plank used in the assault and one slipper. He had also seized a piece of stepney and pieces of seat covers which were stained with 4 blood in order to send it to the chemical analyzer.

c) Initially the crime was registered for an offence punishable under Section 307 of the IPC but later on it was converted to Section 302 of the IPC. After the death of Kailas, the panchanama of the inquest of the dead body was prepared which was filed as Ex.29. The clothes which were on the dead body were seized and placed as Ex.30. The postmortem on the dead body was conducted by Dr. Sudam Mogale (PW-3). The clothes of PW-1 were also seized. On 25.07.1996, Balraje - the appellant herein and Suresh Mote A-2 were arrested while they were traveling in a car. The said car was also attached under panchanama Ex. 43. The Investigating Officer found one receipt of Hotel Manor, Aurangabad from the car which shows that accused had stayed in the said hotel in the night of 22.07.1996. On 26.07.1996, during the interrogation, the appellant made a statement that the weapon used by him in the assault was concealed by him at a particular place and he would take it out if the panch 5 witnesses and police accompany him. Thereafter, they went in a police jeep and the appellant took out one knife which was kept beneath Ashoka tree. There were blood stains on the said knife. On 31.07.1996, police interrogated Kailas (A-4) also and during the said interrogation he made a statement that he concealed the knife in the field. Thereafter, the police got the knife from that place. On 05.08.1996, P.I. Kendre (PW-19) then requested the Naib Tehsildar for preparing the sketch map of the place of incident and the map was prepared which is filed as Ex.61.

6) Among the witnesses examined on the side of the prosecution, Rameshwar Burande (PW-1), son of the deceased, Kausalyabai (PW-2) and Rekha Gire (PW-4) are material eye- witnesses proving the involvement of the appellant. According to PW-1, on the fateful night between 11:30 to 12:00, on hearing cries of PW-2, he woke up and noticed the appellant- Balraje dragging Kailas from the house and inflicted blow with knife on the abdomen. He also explained that in order to escape from the accused, he started running towards upstairs. In order to help the deceased while he was climbing down the staircase, two persons pulled him down by holding his legs and gave one blow with some sharp weapon on his legs, as a result, he fell injured at the bottom of the staircase. The presence of Rameshwar Burande (PW-1) at the place of 9 incident cannot be disbelieved. Added to it, he also sustained injuries in the incident.

9) The evidence of PW-2 is supported by the evidence of Rekha Gire (PW-4). In her evidence, PW-4 explained that she was residing with her husband Dilip Dire in the house adjacent to the house of the deceased. She asserted that she knew the appellant since childhood. According to her, on the night, since her husband had gone to his native place while she was sleeping, she heard a noise of jeep at about 11:00- 11:30 p.m. and she opened the door on the belief that her husband had arrived. But, appellant and four others alighted from the jeep, entered the house of the deceased and asked him to open the door. She further narrated that the appellant pulled out the deceased by holding his baniyan and stabbed Kailas, the deceased, with knife. Kailas was running towards upstairs by calling Rameshwar Burande PW-1. She further explained that though other four accused also ran along with the appellant, it was appellant-Balaraje who inflicted one more 11 knife blow on the person of Kailas while he was lying on the ground and thereafter, all the assailants went away in the jeep. Moreover, Rekha Gire (PW-4), among the persons who alighted from the jeep, identified only the appellant. She also explained how the deceased being thrown on the ground while he was trying to climb the staircase, appellant giving blow with knife on the abdomen and the other accused giving blow with knife on the chest.

e) Challenging the said judgment and order of conviction and sentence, the appellant and the other three accused filed Criminal Appeal No. 310 of 1997 before the High Court. The High Court by the impugned judgment and order dated 17.04.2008 dismissed the appeal in respect of appellant thereby confirming the conviction and sentence of the appellant and allowed the appeal in respect of the other three accused acquitting them from the charge of offence under Section 302/34 IPC. Aggrieved by the said judgment, the appellant has filed this appeal by way of special leave petition before this Court.

15) In the light of the discussion we do not find any merit in the appeal, on the other hand, we are in agreement with the conclusion arrived at by the High Court, consequently, the appeal fails and the same is dismissed.

MAY 10, 2010.