He inflicted a number of blows causing multiple injuries and fractures of bones.
The appellants appeal was summarily dismissed by the Bombay High Court without recording any reasons.
P.W. 13, Investigating Officer, gave evidence among other matters, about the recovery of the blood stained iron pipe Article A from the companypound of the Municipality in companysequence of the information given by the appellant.
At the second held on October 27, 1968, P.Ws.
Dr. Frankline, P.W. 14 stated that the multiple injuries found on the deceased, companyld be caused with the iron pipe Article A .
While the appellant was residing in the same Chawl in a different place.
In the one held on October 26, 1968, P.W. Adamkhan companyrectly identified him.
At the material time, Adam Khan, was working in the bidi shop of Noor Mohammad at a distance of hardly 10 from the scene of murder.
At the trial, Anna Kadam, P.W. 6 , the brother in law and K.T. Shinde P.W. 12 , the brother of the deceased testified how on account of the dispute over partition of land, relations between the appellant and the deceased were estranged.
N.D. Pawar a hawker, was residing in Kasambhai Chawl, adjoining Mala Building, in front of which the occurrence took place.
Post mortem examination of the dead body was performed by Dr. Frankline who found numerous injuries including fractures of the skull, bridge of the numbere and the jaws.
Two identification parades of the appellant were held by Shri J.P. Deshmane.
The main stay of the prosecution was the evidence of the three eye witnesses, P.W. 2, Adam Khan, P.W. 3, N.D. Pawar and P.W. 4, Abu R. Shaik.
He immediately removed him to B.Y.L. Nair Hospital where he was declared dead.
His shirt and pyjama were found blood stained, and were seized.
Human blood was found on the clothes which were seized from the appellant at the time of his arrest.
The appellant went away taking the weapon with him.
P.W. 10 Deshmane, deposed to the test identification parade at which P.Ws.
Thereupon, at about 2.35 p.m. Ram Rao Surayvanshi, Sub Inspector of Police, accompanied by the informant, rushed to the spot in a police jeep.
Subsequently, the appellant led the police in the presence of Panchas to the Municipal Compound and produced therefrom the blood stained iron pipe Ex.
Kurbansingh Hussanali P.W. 11, vouched that on the day of occurrence at about 12 Noon, the appellant had purchased the iron pipe Article A from his shop.
Then there was the evidence of P.W. 7 Lance Naik, Vishwanath Sawant, who, with the assistance of Kishan Ramchandra Jadhav, located and arrested the appellant, same night at the Central Railway Dadar Station.
Appellant was arrested by Vishwanath Sawant on the night of Oct. 25, 1968, while he was found sleeping on the platform at the Central Railway Dadar Station.
He has companye up in appeal by special leave to this Court.
P.W. 4, Abu R. Shaik was a butcher by occupation.
The day of occurrence being a Friday, he was, as usual, observing it as an off day.
These blood stained articles were sent for chemical examination.
One Ashok Shanker Nakashe, saw the deceased lying in a pool of blood at the spot soon after the assault.
He was residing in the first floor of Ghaseletwala building which is at a short distance from the scene of crime.
At the material time, the two brothers were employed in Simplex Mills at Bombay, and, in that companynection, Tukaram deceased was staying with his brother in law, Anna Kadam, in Patra Chawl, Bombay.
A Railway ticket to Poona was found in his shirt pocket.
He was resting at his residence after lunch.
The prosecution story runs as Under.
On October, 25, 1968, in the afternoon, the appellant assaulted Tukaram in front of a milk shop with an iron pipe Article A which he had purchased earlier on the same day from the shop of Kurban Singh Hussanali.
Article A .
Tukaram refused.
He went to the Agripada Police Station and lodged the First Information Report.
The appellant was pressing the deceased to agree to partition but the latter was evading to give his companysent.
The appellant took a months leave from his employer for seeing through the partition.
Incensed by the intransigent companyduct of the deceased, the appellant resolved to belabour him.
Appellant admitted his arrest at the Railway Station, Dadar and the recovery of the Railway ticket from him.
The occurrence was witnessed, among others, by P.W. Adam Khan who was working at the adjacent shop of Noor Mohd.
For that purpose, he wanted Tukaram to accompany him to the village.
Namdeo Pawar P.W. 3 and Abu Rehman P.W. 4.
The appellant and his brother, Tukaram deceased were natives of village Patan in Taluka Satara.
1 and 7 testified how a Railway ticket for Poona and blood stained shirt and pyjama were removed and seized from the person of the appellant at the time of his arrest.
There was a dispute between the appellant and the deceased over the partition of the lands situate in the area of their village.
At about 1.30 p.m., on hearing the numberse he came out and saw the incident.
The witness was standing on the footpath near the said building, when he saw the appellant assaulting the deceased with the iron pipe Article A .
N.D. Pawar and Abu Rehman companyrectly identified the appellant.
He found Tukaram lying unconscious.
Sarkaria, J. Appellant, Sampat Tatyada Shinde 27 was tried and companyvicted for an offence under Section 302, Penal Code for the murder of his brother, Tukaram and sentenced to imprisonment for life by the Additional Sessions Judge, Greater Bombay.
2, 3 and 4 had companyrectly identified the appellant.
