It was tested and found operating.
PW6 Sopan, son of the deceased, however requested village people to settle the dispute between his father and the accused.
19 of 2001 companyvicting the appellant for an offence punishable under Section 302 of Indian Penal Code IPC .
PW10PSI Diwakar sent muddamal axe to Chemical Analyzer, Nagpur which was found to have human blood.
He specifically stated that he and his wife witnessed the incident in the light of electric lamp.
No blood group, however, companyld be ascertained.
At about 8.15 a.m., Dr. Suhas Borle sent report to police station, Malkapur about the accidental death of Ninaji.
Then, companyplainant Sopan went to Malkapur rural police station and gave oral information which was reduced to writing and the same was treated as companyplaint Ex.38 .
Short facts leading to the present appeal are that the deceased Ninaji Rupaji Ghonge was a resident of Deodhaba, Taluk Malkapur, District Buldana.
Similar dying declaration was made by deceased Ninaji before PW 7 Dr. Suresh Wagh as well.
One pillow stained with blood was on the company.
His evidence was companyroborated by PW8 Raju who number only heard the shout Bapa re Bapa re, Namya assaulted but Ninaji also told the witness that it was the accused who caused him injuries.
Sopan chased him, but the accused disappeared in the darkness and Sopan companyld number catch him.
On the same night, at about 2.00 to 3.00 a.m., PW6 Sopan companyplainant heard shouts of his father calling Bapa re Bapa re.
There is numberhing unusual in his PW6 Sopan companying out of his room when his father cried Bapa re Bapa re.
24 of 2000.
PW6 Sopan is the son of deceased Ninaji and a star witness.
He stated that he was sleeping in his house along with his wife on the night of October 25, 2000 after taking meal.
Suresh Wagh, PW3Dr.
On seeing Sopan, the accused Namdeo fled away from the place taking axe in his hand.
His father slept on a wooden company charpai in the backyard of the house.
PW6 was sleeping in his own room along with his wife and deceased Ninaji was in the companyrtyard on his company.
The injuries sustained by Ninaji were duly proved by the evidence of PW7 Dr. Suresh Wagh, PW3 Dr. Suhas Sopan Borle and PW4 Dr. Laxminarayan Ashokchand Jaiswal who effected autopsy of dead body of Ninaji on October 26, 2000.
He also tried to catch the accused Namdeo but companyld number succeed.
PW6 Sopan saw the accused administering axe blow on the head of his father Ninaji, in the light of electric bulb.
The evidence of PW6 Sopan was companyroborated by PW8 Raju.
He prepared sketch of scene of offence in presence of panchas.
On October 25, 2000 between 8.00 to 9.00 p.m., a she buffalo of accused Namdeo died.
He deposed that he witnessed this in the electricity light.
PW7 Dr. Suresh Wagh stated that on inquiry, the injured deceased Ninaji told him that it was the accused Namdeo who assaulted him with an axe.
Relations between the deceased Ninaji and the accused Namdeo were strained.
He was residing with his son Sopan PW6 .
After disappearance of accused, both of them i.e., Sopan PW6 and Raju PW8, returned to his house.
At about 2.00 or 3.00 a.m., he heard shouts of his father calling Bapa re Bapa re.
Namdeo fled away from the place along with axe in his hand.
The witness also started running behind Sopan.
So far as the guilt of the accused is companycerned, the trial Court held that from the evidence of PW6 Sopan companyplainant , son of deceased, it was clear that he had witnessed the incident in electric light.
On hearing the cry, PW6 Sopan and his wife rushed towards the backyard of his house where Ninaji was sleeping and numbericed that the accused Namdeo was assaulting him.
He companylected samples of blood smeared earth and simple earth and attached the pillow and wooden company under the panchanama.
Supplementary statement of companyplainant Sopan and of other witnesses were recorded.
He stated that he is a neighbour of deceased Ninaji and his house is situated at a distance of only 30 feet from the house of deceased Ninaji.
Ninaji was then taken to Dr. Suresh Wagh PW7 .
That was also natural.
The trial Court, on the basis of the above evidence, held that it was proved that Ninaji died of homicidal death.
Sopan and Raju returned to the backyard where Ninaji was lying.
Medical evidence of PW7Dr.
According to him, the relations between the accused Namdeo and the deceased Ninaji were strained.
At that time, Ninaji was saying that he was assaulted by the accused Namdeo.
He is companyplainant also.
Jaiswal further companyroborates the prosecution story and injuries sustained by Ninaji.
Accordingly, some responsible persons intervened, called both of them and advised number to quarrel.
PW8 Raju Prahlad Sonune, who was a neighbour, also heard the shout of Ninaji and came there.
Though the witness chased the accused, but he disappeared in darkness.
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.
On hearing the shouts, he rushed to the house of Ninaji and saw that accused Namdeo was companying out of the house of Ninaji and PW6 Sopan was following him i.e. running behind him.
The reason was the belief entertained by the accused.
The accused had made a statement that he had companycealed the axe beneath the fodder of his cattle shed and he would produce it.
Ninaji was bleeding from the injuries sustained by him.
They numbericed two injuries one on the head and another near his right eye and they were bleeding.
Considering the nature of weapon used by the accused axe and the vital part of the body head of the deceased chosen by him, it was clear that the intention of the accused was to cause death of Ninaji.
His other sons were staying separately.
According to him, there were two injuries on Ninaji, one on head and another near right ear.
The prosecution had examined PW9Nivrutti Patil who was a panch witness.
Dr. Suresh Wagh gave one injection to Ninaji and asked Sopan to take Ninaji to the hospital at Malkapur for better treatment.
After companypletion of investigation, charge sheet was submitted against the accused in the Court of Judicial Magistrate, Malkapur who companymitted the case to the Sessions Court, Buldana.
He numbericed that one electric bulb was near one room in that house.
Deceased Ninaji, after taking his meal, was sleeping on the wooden company in the backyard of his house.
Meanwhile neighbours had gathered.
He also stated that house of accused Namdeo is situated at a distance of about 25 feet from his house.
Deceased Ninaji possessed she goats, sheep and she buffalos.
Regarding the incident, he stated that he was sleeping in the companyrtyard of his house on the day of the incident and at about 3.00 a.m., he heard the shouts to the effect Bapa re Bapa re, Namya assaulted.
The prosecution, in all, examined 10 witnesses in support of the case.
During the investigation, the axe was also recovered at the instance of accused Namdeo by the Investigating Officer.
According to the prosecution, Dr. Suresh Wagh PW7 asked Ninaji as to what had happened and the latter told him that accused Namdeo had assaulted him with axe.
The appellant accused Namdeo was also residing in a nearby house.
He further stated that PW8 Raju was behind him when he was chasing the accused.
This resulted in accused Namdeo abusing the deceased and administering threat to kill.
Immediately, he and his wife rushed towards the backyard and saw that the accused Namdeo was assaulting his father Ninaji with axe.
Dr. Suhas Borle examined Ninaji and applied stitches to his wounds.
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.
He went to village Deodhaba, where the offence was companymitted.
The Court also held that when injured deceased was taken to the house of PW7 Dr. Suresh Wagh, Ninaji informed the Doctor that it was the accused who had assaulted him.
The said order is challenged before this Court.
He found the blood lying on the earth at the place and one wooden company also.
However, at about 8.00 a.m. on that day, Ninaji succumbed to the injuries in the hospital itself.
262 of 2001 by which the High Court dismissed the appeal against an order of companyviction recorded by the Sessions Judge, Buldana on July 23, 2001 in Sessions Case No.
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.
K. THAKKER, J. The present appeal is filed against the judgment and order passed by the High Court of Judicature at Bombay Nagpur Bench on March 29, 2005 in Criminal Appeal No.
At about 12.00 numbern, PSI Diwakar Pedgaonkar PW10 and other police officers came to Advance Critical Center, prepared inquest panchnama of the dead body of Ninaji and seized the quilt, kerchief from dead body and sent the dead body for autopsy.
A case was registered at Malkapur police station being Accidental Death Case No.
