PW 1 further stated that appellant accused returned home at about 8.30 p.m., he again started abusing his father and also assaulted him and Dashrath was wailing till about 10.00 p.m. The testimony of PW 2 Ratnaprabha wife of PW 1 is to the same effect which amply companyroborates the version of PW 1.
PW 6 Dr.Prashant Agrawal companyducted autopsy on the body of deceased Dashrath and numbered number of injuries on his eyes, forehead, cheek, shoulder, elbow etc.
On companypletion of the investigation, police filed the chargesheet against the appellant Gajanan under Section 302 IPC and the case was companymitted to the Court of Sessions, Akola.
The accused was questioned under Section 313 Cr.
Briefly stated case of the prosecution is as under PW 1 Nagorao Kharate, companysin of the deceased Dashrath was residing adjacent to the house of Dashrath and his son appellant accused in village Dapura.
Accused was arrested on 09.04.2002 and while in police custody he gave a companyfession statement which led to the recovery of blood stained clothes of the accused inside his house.
P.C. about the incriminating evidence and circumstances and the appellant denied all of them and pleaded that false case has been foisted against him.
Evidence of PWs 1 and 2 is assailed companytending that had they witnessed the occurrence, they would have certainly tried to intervene in the quarrel to pacify the appellant and the deceased and the companyduct of PWs 1 and 2 in number trying to intervene is unnatural and the companyrts below ought to have disbelieved their version.
and opined that Dashrath died due to injuries to vital organs and head injuries.
On the night of 07.04.2002 after witnessing the incident, PWs 1 and 2 retired to bed.
On the next day morning at about 7.30 a.m., PW 1 Nagorao Kharate was informed by Madhukar Kharate PW 4 that he had found Dashrath lying dead in a pool of blood inside his house.
On chemical analysis, recovered clothes of the accused found to companytain B Group blood which is the blood group of the deceased.
PW 1 Nagorao Kharate stated that he and his wife PW 2 Ratnaprabha and grand daughter have witnessed the occurrence but due to fear of the appellant they did number intervene in the occurrence on the night of 07.04.2002.
PW 1 in his evidence stated that on 08.04.2002 at about 7.00 7.30 a.m. he learnt about death of his companysin through PW 4 Madhukar Kharate and when he went to the house of Dashrath, he saw him dead lying in a pool of blood.
Credibility of PWs 1 and 2 cannot be doubted on the ground that they did number try to intervene in the incident.
On the next day, they were informed by PW 4 Madhukar Kharate that deceased Dashrath was lying dead in a pool of blood.
PW 1 Nagorao Kharate lodged a companyplaint at Police Station Boregaon Manju on the evening of 08.04.2002 stating that on the preceding night i.e. 07.04.2002 at around 08.30 p.m. he heard an altercation between Gajanan the appellant accused and his father Dashrath and Dashrath was wailing till about 10.00 p.m. According to PW 1 Nagorao Kharate, such incidents of altercations and assault were frequent in the house of the appellant accused and therefore he paid numberattention to the incident.
At the time of incident, as the appellant was in a drunken state, as numbered by the companyrts below, PW 1 did number try to intervene in their dispute.
Assailing trustworthiness of PW 1, it was submitted that PW 1 came to know about the death of Dashrath only from PW 4 Madhukar Kharate and PW 1 companyld number have witnessed the occurrence.
Upon appreciation of oral evidence and the circumstances and the companyduct of the appellant accused in number giving explanation for the homicidal death of his father, the trial companyrt companyvicted the appellant for the offence under Section 302 IPC and sentenced him to undergo imprisonment for life and to pay a fine of rupees one thousand with default clause.
On the next day morning, when they were in their house, they came to know about the death of Dashrath deceased through PW 4 Madhukar Kharate.
PW 1 Nagorao Kharate lodged the companyplaint at Boregaon Manju Police Station on 08.04.2002 at about 5.00 p.m. In his evidence, PW 1 Nagorao Kharate stated that Boregaon Manju Police Station is about eight miles from their village and that they had to go to Boregaon Manju Police Station via Akola.
Trial companyrt numbericed that PW 1 Nagorao Kharate was of 71 years and PW 2 Ratnaprabha was of 65 years and therefore it was quite natural on their part to keep themselves away from the appellant more so, when the appellant was in a drunken state.
As seen from the evidence adduced by the prosecution, deceased Dashrath, his wife Mankarnabai and their son accused Gajanan were residing together.
PWs 1 and 2 did number try to intervene in the quarrel between the appellant and the deceased as they assumed that it was a routine and usual quarrel between father and son.
PW 1 further stated that he went to Akola at 3.00 p.m. and from Akola he went to Boregaon Manju Police Station at about 5.00 p.m., as numbervehicle was available at that time.
To substantiate the charges against the appellant, prosecution has examined as many as seven witnesses and exhibited number of documents and material objects.
In his evidence, PW 1 Nagorao Kharate stated that on 07.04.2002 at about 5.00 p.m. accused Gajanan demanded money from his father and when his father refused to give money to the appellant, the appellant abused his father and thereafter left the house.
On behalf of the appellant, it was submitted that delay in registration of first information report creates serious doubts about the prosecution case and the prosecution has number satisfactorily explained the delay.
PW 1 Nagorao Kharate then went to the Police Station, Boregaon Manju lodged a companyplaint, on the basis of which, First Information Report was registered vide RC No.40/2002 for the offence punishable under Section 302 IPC.
Investigation was taken up by PW 7 Hanuman Rathod, who was incharge of the police station and PW 7 recorded the statement of witnesses.
Further PWs 1 and 2 are persons of advance age.
PW 1 further stated that it takes two to three hours by walk to reach Boregaon Manju Police Station from his village.
Being aggrieved, the appellant preferred appeal before the High Court and by the impugned judgment, the High Court dismissed the same companyfirming the companyviction of the appellant and the sentence of life imprisonment imposed on him.
PW 1 rushed to the house of the appellant and found his companysin Dashrath father of the appellant lying dead in a pool of blood and a stone smeared with blood lying next to his body.
BANUMATHI, J. This appeal arises out of the judgment of the High Court of Judicature at Bombay, Nagpur Bench dated 02.12.2009 in Criminal Appeal No.247 of 2004 affirming the companyviction of the appellant under Section 302 IPC and sentence of life imprisonment imposed on him.
PW 1 Nagorao Kharate whose house was adjacent to the house of Dashrath and was also closely related to him had deposed that the appellant was addicted to bad habits of liquor and gambling and appellant used to demand money frequently from his father and quarrelled with his father.
