[email protected] S/O. Ishwar ... vs The State Of Maharashtra Thr. Its ...
2022 Latest Caselaw 543 Bom

                                                    1                     apeal615.18.odt


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   NAGPUR BENCH AT NAGPUR

                       CRIMINAL APPEAL NO.615/2018

     Deva alias Devendra s/o Ishwar,
     Gabhane, aged 38 years, Occ. Labour,
     r/o Walni, Tq. Pauni, Dist. Bhandara.
     (at present detained in Central Prison,
     Nagpur, Convict No.C-9933)                              .....APPELLANT


                              ...V E R S U S...


     The State of Maharashtra through
     Police Station Officer, Police Station,
     Pauni, Tq. Pauni, Dist. Bhandara.                       ...RESPONDENT

-------------------------------------------------------------------------------------------
Mr. S. G. Joshi, Advocate appointed for appellant.
Mr. M. K. Pathan, A.P.P. for respondent.
-------------------------------------------------------------------------------------------

                              CORAM:- V. M. DESHPANDE AND
                                       G. A. SANAP, JJ.

DATED :- 17.01.2022

ORAL JUDGMENT (PER: G. A. SANAP, J.)

1. In this appeal, challenge is to the judgment and order

dated 21.02.2018 passed by learned Additional Sessions Judge,

Bhandara in Special (Child) Criminal Case No. 12/2015, whereby,

learned Additional Sessions Judge, convicted the appellant for an

offence punishable under Section 302, 354D, 241, 504 and 506(II)

of the Indian Penal Code. For the offence punishable under 2 apeal615.18.odt

Section 302 of the IPC, the appellant is sentenced to suffer

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

default of payment of fine, to suffer rigorous imprisonment for six

months. For the remaining offences, sentence ranging from three

years to fifteen days was separately awarded with fine and a

sentence in default of payment of fine.

2. The facts leading to filing of this appeal are as follows.

The unfortunate deceased is Ku. Shilpa d/o Ramdas

Jambhulkar, r/o village Walni, Tq. Dist. Bhandara. On the date of

murder, she was studying in 11th standard in Zilla Parishad Junior

College, Asangaon. For attending the college, she used to do up

and down from her village on bicycle. The college would open at

7.30 a.m. The deceased along with girls of the village would

attend the college.

3. On the fateful day of incident dated 20.02.2015,

deceased along with Ku. Jija Ukare (PW3), Deepali There (PW5),

Deepa Jambhulkar and Manisha Hatwar was proceeding to the

college on bicycle. It is the case of the prosecution that on the

way, near electricity DP, appellant Dewa alias Devendra Ishwar

Gabhane was sitting near the brook. On seeing them, he came 3 apeal615.18.odt

towards them, stopped the bicycle of deceased and questioned the

deceased Shilpa as to why she had beaten him. The deceased

Shilpa answered that she did not beat him. Her mother beat him

and therefore he should go to her mother and question her about

it. The deceased Shilpa then proceeded ahead. When she reached

near electric DP, the appellant followed her and by giving a cut to

her bicycle, stopped his bicycle in front of her. The deceased fell

down. Appellant caught her braid of hair, inflicted the blows on

her neck with sickle. The deceased raised shouts to save her.

Other girls accompanying the deceased tried to save their friend

but the appellant extended the threat to kill them if they

obstructed him. The girls therefore went to the college and

narrated the incident to the teachers. The teachers went to the

spot and after some time informed them that Shilpa died.

4. The appellant along with the weapon went to Police

Station, Paoni. HC Balakram Nimkar (PW12) was station diary

incharge. Appellant narrated the incident to him. The constable

called two pancha witnesses and in their presence seized sickle

stained with blood from the appellant. Similarly, he seized clothes

of the appellant. Station diary incharge gave information to PI

Rajendra Nagare (PW9). He went on the spot with two panchas.

4 apeal615.18.odt

PI Nagare drew the spot panchanama and seized the articles found

on the spot.

5. Vilas Tighare (PW1) Police Patil lodged the report of

the incident. On the basis of his report, PI Nagare (PW9)

registered crime bearing No.20/2015 against the appellant.

During the course of investigation, dead body was sent to post

mortem. The medical officer conducted the post mortem and

collected the samples. Samples were forwarded to the police

station. During the course of investigation, statements of

witnesses were recorded. The bicycle was discovered at the

instance of the appellant. Samples were sent to the Chemical

Analyzer (CA) for analysis. After completion of the investigation,

the investigating officer filed charge-sheet in the Court of Judicial

Magistrate First Class. On committal of the case to the Court of

Sessions, charge Exh.-5 was framed against the appellant. The

appellant pleaded not guilty. His defence was of denial and false

implication.

6. The prosecution, in order to bring home the guilt of the

appellant, examined in all 13 witnesses. On consideration and

analysis of the evidence, the learned Additional Sessions Judge 5 apeal615.18.odt

held the charge framed against the appellant as proved and

convicted and awarded a sentence, as above. Being aggrieved by

this judgment and order, the appellant has come before this Court

in appeal.

7. We have heard Mr. Joshi, learned counsel appointed

through High Legal Services Sub Committee, Nagpur and

Mr.Pathan, learned A.P.P. for the State. We have perused the

record and proceedings.

8. Learned Advocate for the appellant submitted that

evidence adduced by the prosecution is not sufficient to prove the

charge against the appellant beyond reasonable doubt. Learned

Advocate while commenting upon the evidence of eye witnesses

Jeeja (PW3) and Deepali (PW5) submitted that evidence does not

appear to be natural. Learned Advocate took us through their

depositions and submitted that on material points, their evidence

is not consistent. In the submission of learned Advocate,

inconsistency on material point creates doubt about their

credibility. The learned Advocate submitted that the evidence of

mother of the deceased Tulsabai (PW4), by applying any standard,

falls short to prove the motive for the commission of crime. As far 6 apeal615.18.odt

as the police witnesses are concerned, learned Advocate submitted

that there are number of loopholes and lacunae in the

investigation and therefore without proper explanation of the

same, the benefit must go to the appellant.

9. Learned Advocate took us through evidence of Dr. Jyoti

(PW7), Medical Officer, who conducted the post mortem and

submitted that even if the first part of the report is accepted as it

is, the learned Additional Sessions Judge, at the most, could have

convicted appellant either under Section 304-I or II of the IPC.

Learned Advocate took us through other evidence and submitted

that there was a dispute between mother of the deceased and

appellant on money transaction. It is pointed out that mother of

the deceased and the appellant were literally at loggerheads. It

has come on record in the evidence that prior to this incident, the

mother of the deceased had beaten the appellant. Learned

Advocate, therefore, submitted that at the most the act committee

by the appellant could be said to be under grave and sudden

provocation. In the submission of the learned Advocate, therefore,

at the most, offence of culpable homicide not amounting to

murder would get attracted.

7 apeal615.18.odt

10. Learned A.P.P. Mr. Pathan would submit that by

leading cogent, concrete and clinching evidence, the prosecution

has proved guilt against appellant beyond reasonable doubt.

Learned A.P.P. took us through the judgment of the trial Court and

submitted that the learned Additional Sessions Judge has recorded

sound reasons in support of the finding arrived at by him. The

learned A.P.P. further submitted that during the course of cross-

examination of the eye witnesses Jeeja (PW3) and Deepali (PW5)

not a single admission has been elicited either to doubt their

presence on the spot or to create doubt about the credibility and

veracity of their evidence. Learned A.P.P. submitted that

immediately after incident Jeeja (PW3) and Deepali (PW5) went

to college and informed their teachers about the incident. In

short, the learned A.P.P. submitted that there is no material on

record to create doubt about the veracity and credibility of

evidence of Jeeja (PW3) and Deepali (PW5). Learned A.P.P.

would submit that evidence of eye witnesses has been

corroborated by contemporaneous documentary evidence, conduct

of the appellant and by other oral evidence. Learned A.P.P. would

submit that the submissions advanced on behalf of the appellant

that the offence in this case would at the most be culpable

homicide not amounting to murder, cannot be accepted at all in 8 apeal615.18.odt

the teeth of the oral and documentary evidence. The learned

A.P.P. drawing our attention to the post mortem report and

evidence of Dr. Jyoti (PW7) submitted that 24 injuries were found

on the person of the deceased. Learned A.P.P. would submit that

majority of the injuries were incised wounds. The learned A.P.P.

submitted that therefore defence of culpable homicide not

amounting to murder, in the teeth of the cogent and concrete

evidence, is not at all available to the appellant.

11. In order to appreciate the rival submissions, at the

outset, it would be necessary to make note of the admitted facts.

After commission of the crime, appellant went to the Police Station

with the weapon. It is an admitted fact that the weapon smeared

with blood and clothes of the appellant were seized on the same

day. This conduct of the appellant to a great extent, would reflect

upon the defence of the false implication. Dr. Jyoti (PW7) had

conducted post mortem on the dead body. She found following

injuries on the dead body:

       i.          Abrasion over right knee joint dorsally of
       size 0.5 x 0.5 c.m. reddish in colour.
       ii.     Incised wounds over left hand near the web

space of thumb and index finger ventrally extending 9 apeal615.18.odt

from base of right index finger. Ventrally and curved ventrally till dorsal aspect of thumb laterally of size 4 x 3 x 2 c.m. Underlying first inter-falling of first index finger bone was visible and visible muscle and tissues. iii. Incised would over left hand at the base of ring finger dorsally, size 3 x 2 c.m. It was muscle deep and reddish in colour.

iv. Abrasion over left hand little finger dorsally, near upper 1/3rd aspect, size 2 x 1 c.m., reddish in colour. v. Incised wound over left elbow dorsal laterally muscle deep, size 5 x 2 x 2 c.m., reddish in colour. vi. Incised would eliptical in shape over left arm ventro laterally of size 13 x 3 x 3 c.m muscle deep and red in colour.

vii. Incised wound over right side lower thoracic region over anterior axillary region of size 14 x 3 x 4 c.m. Reddish in colour and muscle deep.

viii. Incised wound over left side of infra scapular of lower aspect of back laterally of size 4.5 x 2.5 c.m. It was cavity deep, blood was visible.

ix. Incised elliptical wound over right side of supra scapular region size 3 x 1 x 1.5 c.m., reddish in colour. x. Incised wound over right shoulder laterally of size of 4 x 2 c.m., reddish in colour.

xi. Incised wound over right shoulder medially of size 3 x 1 c.m., reddish in colour.

10 apeal615.18.odt

xii. Incised wound over right arm upper 1/3rd Doro laterally, size 4 x 3.5 x 2.5 c.m., reddish in colour. xiii. Incised wound over right hand dorsally near base of thumb, size 2 x 1 x 1 c.m., reddish in colour.

xiv. Incised wound over right hand below the thumb dorsally, size 4 x 1 x 2 c.m. reddish in colour.

xv. Incised wound over right hand index finger dorsally near the base, size 2 x 1 c.m.

xvi. Incised wound over right hand palm ventrall,y size 4 x 0.5 c.m. reddish in colour.

xvii. Incised wound over dorsal aspect of middle finger, size 2 x 0.5 c.m., reddish in colour.

xviii. Incised wound over ring finger dorsally, size 2 x 0.5 c.m. and it was dark reddish in colour.

xix. Abrasion over right arm dorsally, size 3 x 0.5 c.m. and it was brownish in colour.

xx. Multiple incised wounds over posterior aspects of neck region more on right side, size ranging from 2 to 4 c.m. x 0.5 to 1 c.m., reddish brown in colour.

xxi. Incised wound over posterior neck region near the lower side of occipital region, size 10 x 2 x 3 c.m. underlying muscle and tissue was exposed and it was reddish brown in colour.

xxii. Incised wound over lower occipital region of neck, size 9 x 2 x 3 c.m. It was muscle deep and reddish brown in colour.

11 apeal615.18.odt

xxiii. Incised wound over left supra scapular region of back, size 3 x 2 c.m., reddish in colour.

xxiv. Contusion over left shoulder posteriorly, size 2 x 3 c.m. and it was dark brown in colour."

12. On the basis of the injuries and examination, the

medical officer opined that the probable cause of death was due to

hemorrhagic shock with hemo thoracic and hemo peritoneum due

to injury to vital organ like right kidney, right side ling and lever.

The Medical Officer also observed that the possibility of spleen

cord injury, cervical region cannot be ruled out. The Medical

Officer was thoroughly cross-examined. Perusal of the cross-

examination would show that there is hardly any dispute about the

presence of the injuries on the dead body. The cross-examination

has been directed on the point that some of the injuries could not

be directly responsible for causing death of the deceased. The

evidence of the Medical Officer is relevant on two points. First; to

ascertain the intention of the appellant when he inflicted blows on

the person of the deceased, and secondly, to record a finding on

the point as to whether the death is homicidal, suicidal or

otherwise. At this stage, for the purpose of nature of death,

perusal of the evidence of Medical officer in entirety would show 12 apeal615.18.odt

that the Medical Officer has recorded the observations and opinion

to come to the conclusion that the death was homicidal. The

injuries have been mentioned in column no. 17 of the post mortem

report at Exh.-38. In column no. 18, the medical officer has

recorded that all the injuries were ante mortem.

13. The inquest panchanama has been proved. All the

injuries mentioned in the post mortem report were found on the

dead body and recorded in the inquest panchanama. Similarly,

the weapon of offence has been seized. Two eye witnesses have

provided first hand account of the incident. In our view, this

evidence is sufficient to record a finding that the death in this case

was homicidal death.

14. With this finding, it would be necessary to minutely

scrutinize and appreciate the evidence of two eye witnesses; Jeeja

Ukre (PW3) and Deepali (PW5). Jeeja Ukre (PW3), deposed

about the incident in her evidence in great details. She has

narrated the incident. She has deposed that on 20.02.2015, Dipali

There, Dipa Jambhulkar, Manisha Hatwar and Shilpa Jambhulkar,

the deceased and herself were proceeding on their bicycles to the

college. On the way, the appellant was sitting near the 13 apeal615.18.odt

brook/nullah. He came on the road and obstructed the bicycle of

deceased. He questioned as to why she beat him. The deceased

told him that she did not beat him. Her mother beat him and,

therefore, he should go and question her mother. After this, they

proceeded ahead. She has further stated that appellant came from

behind on bicycle and gave a cut to the bicycle of Shilpa.

Deceased Shilpa fell down. She further deposed that the appellant

was holding a sickle. He inflicted the blows with sickle on the

neck and other parts of body of the deceased by holding her braid

of hair. She has deposed that all the girls told the appellant not to

beat the deceased. However, the appellant threatened them to kill

if they stop him. Thereafter, they went to the college and

informed about the incident to the teachers.

15. Deepali (PW5) is another eye witness. Her evidence is

similar to the evidence of Jeeja (PW3). She has also narrated the

first hand account of the incident. On the basis of their evidence,

the presence of the appellant on the spot has been established.

Similarly, the evidence is sufficient to prove the brutal attack by

appellant with sickle on the deceased. The deceased as well as

these two eye witnesses and the other girls, at the relevant time

were studying in the 11th standard. After seeing this merciless and 14 apeal615.18.odt

brutal attack on her friend, they made an attempt to desist the

appellant from assaulting their friend. However, the appellant,

instead of paying heed to their request, extended threats of dire

consequence of killing them. Therefore, they went ahead to the

college and informed their teachers. In our opinion, on minute

appreciation of their evidence, we are convinced that their conduct

could not be unnatural. Their conduct in the given fact situation is

consistent with the conduct of the man of ordinary prudence.

16. These witnesses were cross-examined. The grueling

and searching cross-examination conducted on behalf of the

appellant was directed to create a doubt about their presence on

the spot. Similarly, an attempt has been made to bring on record

the inconsistency in the evidence. On minute perusal of their

evidence, we are convinced that there are no major inconsistencies

or omissions in their evidence to create a doubt of their presence

on the spot. Their evidence is sufficient to dispel such possibility

sought to be brought on record by the defence. The college going

girls have lost their friend. They have had no reason to implicate

the appellant in such a brutal and gruesome crime. Therefore, we

are not convinced to accept the said defence propounded by

learned Advocate for the appellant to doubt their evidence. The 15 apeal615.18.odt

evidence of two eye witnesses, in our view, is cogent, concrete and

as such reliable. The evidence clinchingly prove the incident of

brutal attack on the deceased Shilpa by the appellant.

17. Naresh Motghare (PW8) is a teacher. At the relevant

time, he was teaching the students of 11 th and 12th standards in

Zilla Parishad Junior College of Asgaon. The girls from the spot

went to the college and informed about the incident to Naresh

Motghare (PW8) and another teacher Mr. Gaidhane. Naresh

Motghare (PW8) deposed that Jeeja (PW3) and Deepali (PW5)

along with other girls informed him and Mr. Gaidhane about the

incident of brutal assault on Ku. Shilpa by appellant on Walni to

Asgaon road. The conduct of Naresh (PW8) and Mr. Gaidhane, as

can be seen from their evidence, is consistent. Naresh Motghare

(PW8) and Mr. Gaidhane went to the spot of the incident. On the

spot they found that the deceased was lying in a pool of blood.

She was wearing college uniform. Naresh Motghare (PW8) has

further deposed that the girls informed them that the appellant

assaulted the deceased Shilpa by sickle. Evidence of Naresh

Motghare (PW8) corroborates the oral testimony of Jeeja (PW3)

and Deepali (PW5). Evidence of Jeeja (PW3), Deepali (PW5) and

Naresh Motghare (PW8), on conjoint reading, would largely reflect 16 apeal615.18.odt

upon their natural conduct in the given situation. The evidence of

Naresh Motghare (PW8), in our view, therefore, lends a strength

and assurance to the testimony of Jeeja (PW3) and Deepali (PW5).

18. In this case, mother of the deceased girl has been

examined to prove the motive for the commission of this gruesome

crime by the appellant. Her evidence would show that there was a

dispute between the appellant and her on account of money

transaction. The appellant owed a sum of Rs.480/- to the mother

of the deceased. When the deceased made a demand of the said

money, the appellant abused the deceased and her mother in filthy

language and gave a threat to see them. Oral evidence has been

corroborated by the contemporaneous documentary evidence. As

per Tulsabai (PW4), this incident occurred on 22.09.2014. Report

of the incident was lodged at Police Station, Paoni. The report is

produced on record and marked as Exh.-27. A perusal of the

report would show that on the basis of this report, a non

cognizable case was registered against the appellant under Section

506 of the IPC. Tulsabai (PW4) has been cross-examined. In her

oral evidence and particularly in cross-examination she has made a

consistent statement that on account of this money dispute, the

appellant had threatened to see them. There is other evidence to 17 apeal615.18.odt

prove that the dispute was settled 7-8 months prior to the incident

in question. The evidence of Vilas Tighare (PW1) Police Patil is

relevant on this point. The evidence would prove that appellant

had a grudge against the family of the deceased. It is pertinent to

mention that motive is always locked in the mind of the appellant.

The evidence adduced by the prosecution is sufficient to prove the

motive of the accused. The motive, which is locked in the mind of

the appellant can be unlocked and proved by leading evidence. In

this case, motive has been proved on the basis of concrete

evidence.

19. In the fact situation, we cannot ignore the conduct of

the appellant after commission of the crime. The appellant, after

committing murder of an innocent girl, went to Police Station with

the weapon. The weapon as well as clothes on the person of the

appellant were stained with blood. The sickle, article 'A', was

seized. HC Balakram Nimkar (PW12), to whom the appellant met

in the police station, has deposed about the events. The appellant

has not denied this fact in his examination under Section 313 of

the Code of Criminal Procedure. The appellant, as can be seen

from his conduct, might have repented over the crime. It is,

therefore, apparent that due to sheer remorse and repentance, he 18 apeal615.18.odt

did not think it proper to go elsewhere than the Police Station.

The brutal and gruesome killing of the college going girl and after

seeing the scene on the spot, the appellant would have reacted in

this manner. This subsequent conduct of the appellant, in our

opinion, lends an assurance to the case of the prosecution.

20. There is other corroborative evidence. It is nobody's

case that the appellant went to the police station on bicycle. The

appellant was arrested on the same day. The bicycle was hidden

by the appellant at some place on the way to police station. During

the investigation, he made discovery that he would point out the

bicycle from the place where he had concealed it. His statement

was recorded in presence of the panchas by police. Rajnarayan

(PW10) is pancha witness to this memorandum panchanama and

recovery panchanama of bicycle. Memorandum panchanama is at

Exh.-48. He has stated that the appellant in his presence and in

presence of another pancha, made a statement that he would

produce bicycle from the place where it was hidden. The appellant

led them to the place where the bicycle was hidden. The bicycle

was recovered under the seizure panchanama Exh.-49. This is an

important corroborative piece of circumstance.

19 apeal615.18.odt

21. The investigating officer seems to have taken abundant

precaution to collect every possible corroborative evidence.

Baliram Bawane (PW11) is Head Master of Zilla Parishad High

School and Junior College at Asgaon where the deceased and

other girls examined in this case as eye witnesses were studying.

On the written request of the investigating officer at Exh.-55,

Baliram (PW11) has provided the information of the deceased vide

Exh.-56. It is mentioned in this document that the deceased was

studying in school from 10th July, 2014 and on the date of the

incident, she was in 11th standard. The school timings were from

07.30 a.m. to 11.00 a.m. Exh.-57 is certificate prepared on the

basis of school record. Exh.-58 is requisition from the investigating

officer to the Head Master for obtaining the information of the

other girl students namely; Deepali There, Jeeja Ukre, Ujwala

Ambekar, Geeta Hatwar and Geeta Jambhulkar. The information

was provided in writing. It is at Exh.-59. In this document,

Baliram (PW11) has specified that these girls were studying in the

11th standard. He has further mentioned in this document that on

20.02.2015, Deepali, Jeeja and Ujwala attended the school at

about 7.20 a.m. to 7.25 a.m. In our view, this evidence of Baliram

(PW11) and documents produced by him lend an assurance to the 20 apeal615.18.odt

credibility of the evidence of Jeeja (PW3), Deepali (PW5) and a

teacher, Naresh Motghare (PW8).

22. Another piece of corroborative evidence is CA report.

Madhukar (PW13), investigating officer had deputed Pramod

Chetule to CA Nagpur to carry the muddemal. The CA report

Exh.-83 pertains to the analysis of blood found on dupatta, full

shirt and full pant of appellant. The CA has opined that blood

group of the blood found on article was 'B'. The CA also opined

that the blood on some of the articles was human blood. The

sickle was also sent to the CA. On analysis, the CA opined that the

blood on the sickle was human blood of group 'B'. It is pertinent

to mention that in this case, the CA has not conclusively opined

about the blood group of the deceased as well as the appellant.

However, since the blood was found on the clothes of the

appellant and the sickle, which is a weapon used in crime, the

appellant was expected to offer a reasonable explanation in his

statement under Section 313 of the Cr.P.C. In our view, therefore,

C.A. report corroborates the oral and documentary evidence. It is

not the case of the appellant that he had sustained injuries on his

body and his blood had fallen on his clothes. The appellant, on his

own, had gone to the police station with weapon. He was taken in 21 apeal615.18.odt

custody by police Head Constable Nimkar (PW12). He was

arrested on 20.02.2015 at 17.00 hrs. by P.I. Rajendra Nagar

(PW9). The arrest panchanama is at Exh.-44. A perusal of the

arrest panchanama would show that at the time of arrest of the

appellant, the injuries were not noticed on his body. In view of

this factual position, a reasonable judicial inference has to be

drawn that the blood group of the deceased was 'B'. The blood

found on the weapon as well as on the clothes of the deceased and

the appellant was of the deceased.

23. In view of above, we are of the opinion that the learned

Additional Sessions Judge has not committed any mistake in

holding the appellant guilty for the above offence. The learned

Advocate in the fact situation submitted that the offence

committed by appellant would be culpable homicide not

amounting to murder punishable under Section 304-I or II of the

IPC. Perusal of the judgment and order passed by the learned

Additional Sessions Judge would show that the said plea was

raised before the learned Additional Sessions Judge. The learned

Additional Sessions Judge, for the reasons recorded in his order

was pleased to reject it. We have given our thoughtful

consideration to this submission in juxta position with oral and 22 apeal615.18.odt

documentary evidence brought on record. It is pertinent to

mention that the dispute about the money transaction was not

immediately preceding the date of murder. The appellant, on

account of the old dispute, carried grudge in his mind. The

appellant followed the deceased with weapon used in the crime.

This fact would indicate that he made a planning and preparation.

The appellant knew that the deceased in the morning as usual

would go to the college with her friends. The appellant chased

them; accosted the deceased and within a few minutes of verbal

conversation between them brutally assaulted the deceased. He

inflicted 24 injuries on the body of the innocent girl. The friends

of the deceased tried to persuade the appellant that he should not

kill their friend. However, the appellant did not pay any heed.

The intention of the appellant to murder the deceased would be

writ large by taking a look at the weapon used and the series of

blows inflicted on the vital parts of the body of the deceased. In

our view, therefore, the submission made by the learned Advocate

that the offence made out would be a culpable homicide not

amounting to murder, cannot be accepted. The murder committed

by the appellant is a brutal. The appellant did not stop inflicting

blows till the decease fell on the ground and died.

23 apeal615.18.odt

24. In view of this position, we are of the opinion that the

there is no substance in the appeal. Perusal of the judgment

recorded and order passed by learned Sessions Judge would show

that learned Additional Sessions Judge has taken entire material

into consideration. The judgment and order is well reasoned one.

Therefore, we are not inclined to interfere with the well reasoned

judgment passed by the learned Additional Sessions Judge. The

appeal accordingly fails and hence it is dismissed.

               JUDGE                             JUDGE




kahale




                                                      Digitally signed byYOGESH
                                                      ARVIND KAHALE
                                                      Signing Date:27.01.2022
                                                      15:15