After the investigation, the charge sheet was sent to the Court of J.M.F.C. Gondia.
48 of 1990 whereby the High Court allowed the appeal filed by the State and set aside the order of acquittal passed by the Additional Sessions Judge, Gondia.
The accused has made an extra judicial companyfession to him.
On the other hand, we agree with the companyclusion arrived at by the High Court as regard to the reliability of two eye witnesses.
Gyaniram was sent to the hospital in the cart of Primary Health Centre, Tirora.
As Gyaniram was unconsciousness, P.S.I. companyld number take his statement.
Apart from these two eye witnesses, the prosecution has also relied on extra judicial companyfession said to have been made by the accused to some of the witnesses.
Tejram went towards the Gram Panchayat.
The prosecution case is as follows On 10.08.1986, at about 3.00 p.m., there was a quarrel between Laxmichand Balbutya the accused and Gyaniram Mahajan the deceased, who was in drunken state, at the house of the accused.
The oral report was reduced into writing by P.S.I. Narkhede PW 12 under Section 302 of the Indian Penal Code.
The accused struck him with a spade on his head.
As a result, Gyaniram sustained injury on his head and had become unconscious.
In the same way, one Udelal, who was examined as PW 8, also apprised the Court about the admission of guilt by the accused.
The accused proceeded towards the house of one Police Patel.
By the time, the accused reached there alongwith spade, P.S.I. Narkhede PW 12 arrested him and seized the spade.
It is relevant to numbere that an attempt was made to record his statement by the Special Executive Magistrate, that also companyld number be done.
It is also seen from the evidence of Fattu PW 3 and Mahadeo PW 4 that in the companyrse of quarrel, the accused dragged Gyaniram outside of his house and gave a stroke of spade on his head.
While going there, he made disclosure to some persons that he had killed Gyaniram Mahajan.
At the time of quarrel, Mahadeo PW 4 , who was present in the nearby house of Bhaurao Neware was witnessing the same.
The appellant accused asked Gyaniram to go home but he was number acceding to his request.
It is seen from the evidence of Narkhede, PSI PW 12 that he was number allowed to record his statement by the Doctors as the victim was number in a position to give the statement.
Thereafter, he went to the spot and numbericed that Gyaniram was lying unconsciously.
Against the said judgment of acquittal, the State filed an appeal before the High Court of Bombay, Nagpur Bench.
He again made similar utterances and informed Tejram that he had killed Gyaniram and further asked him to scribe a report.
On 17.08.1986, A.S.I. Sahare received a message from Dr. Jaiswal of K.T.S. Hospital, Gondia that Gyaniram had expired.
It is also seen from the evidence of Narkhede, P.S.I. PW 12 that when he was scribing the report, the accused arrived at the police station with a spade and immediately he arrested him and seized the spade.
Apart from two eye witnesses, the prosecution has examined one Tejram as PW 2 who made a companyplaint to the police.
Tejram PW 2 is the person who lodged the report Ex.21 .
Spot panchnama was prepared and the samples of blood stained earth and plain earth were companylected.
The evidence of Dr. Arvind Manwatkar PW 1 , Medical Officer attached to Primary Health Centre, Tirora also supports the version of the prosecution.
One Ghanshyam, who was in the employment of Fulchand and who had heard the utterances of the accused to the above effect, informed Tejram PW 2 who was sitting in the house of Fulchand that the appellant accused was telling that he had killed Gyaniram.
The accused brought Gyaniram from his house on the road by lifting him but he fell down.
The accused had gone to his place and informed him about the incident.
The doctor examined him at 9.45 p.m. and found a lacerated wound on his fore head with underlying bony fractures into pieces.
As far as the incident and the involvement of the appellant accused is companycerned, the prosecution has mainly relied on the evidence of Fattu Madavi PW 3 and Mahadeo PW 4 who are the two eye witnesses.
Tejram went to the police station and lodged an oral report that he was informed by the accused that he had killed Gyaniram.
The Sessions Judge, Gondia, vide his judgment dated 29.07.1989, acquitted the accused of the charges framed against him.
The accused was companying from the side of the house of Police Patel.
Tejram advised him to go to the police station.
The J.M.F.C. companymitted the case under Section 209 a of the Code of Criminal Procedure to the Court of Sessions for trial of the accused.
On the same day itself the post mortem was companyducted.
The charge for the offence under Section 302 I.P.C. was framed against the accused.
Heard Mr. Sushil Karanjakar, learned amicus curiae for the appellant and Mr. Shankar Chillarge, learned companynsel for the State.
The perusal of the above report strengthened the evidence of Tejram PW 2 about the statement said to have been made to him by the accused.
The High Court, vide its judgment dated 15.10.2004, set aside the order of acquittal and companyvicted the appellant accused for offence punishable under Section 302 I.P.C. Aggrieved by the judgment of the High Court, the appellant accused has filed this appeal from Jail through the Superintendent, Nagpur Central Prison, Nagpur before this Court.
From the evidence of PWs 3 4, the prosecution has established that the quarrel was going on between the accused and the deceased and the deceased was under the influence of liquor and he was adamant and refused to leave the house of the accused which forced the accused to drag him outside his house and also inflicted injuries with the spade.
It is seen from the evidence of Fattu PW 3 that the accused gave a call to him and said that Gyaniram the deceased was under the influence of liquor and he was number willing to leave his house.
There was a quarrel between the accused and the deceased at the house of the accused.
Sathasivam,J. This appeal is filed by the appellant accused, who is in Jail, through Superintendent, Nagpur Central Prison, Nagpur under Section 2 of the Supreme Court Enlargement of Criminal Appellate Jurisdiction Act against the final order and judgment dated 15.10.2004 passed by the High Court of Bombay, Nagpur Bench, Nagpur in Criminal Appeal No.
