Before the companymencement of the trial, Mangaru Kaka died and he companyld number be examined as a witness.
Kantabai, the wife of the deceased Dama and found the appellant guilty of the offence charged against him.
Kantabai, the wife of the deceased Dama told her husbands brother, Goma Chacherker, that her husband Dama had been killed by Rama.
PW9, the Sub Inspector of Police recorded the statement of the informant and registered the crime.
She also deposed that the quarrel was regarding the share of the agricultural produce and deceased Dama agreed to give a share in the house as well as the agricultural produce.
away from the Veltur Police Station.
The learned Sessions Judge relied on the evidence of PW2 Smt.
Hearing the sound of the explosion, people of the locality came there and Smt.
In the cross examination, she gave a statement to the effect that she had been sleeping at the time of the incident.
The place of incident is about 10 kms.
Kantabai admitted in her cross examination that at the time of the incident she was sleeping on a company in the adjacent room and that she had number seen the appellant throwing the bomb at the deceased Dama.
Dama sustained severe injuries and he died on the spot.
The dead body of Dama was sent for post mortem examination.
The portion occupied by each of them was separated by bamboo mat.
By the explosion of the bomb, appellant Rama also sustained injuries and the paternal uncle of the deceased, Mangaru Kaka, who was present at the time of the incident, sustained some burn injuries.
It was pointed out that Smt.
The blood stained clothes worn by the deceased Dama at the time of the incident were also taken into custody during the companyrse of the investigation.
She refused to accept the prosecution case that she had seen the appellant throwing the bomb at the deceased Dama.
It may be numbered that PW2 Kantabai, in her evidence, stated that her husband had gone to purchase the goods from the weekly bazaar and had returned at 8.00 p.m. and thereafter there was a quarrel between the appellant and the deceased.
On the prosecution side, 10 witnesses were examined.
He companylected some remnants of the bomb, blood stained soil, and some of the particles of flesh, which were found lying scattered at the scene, and recorded the statements of the wife of the deceased Dama, Mangaru Kaka, Goma Chacherkar and others.
G. Balakrishnan, J. The appellant was companyvicted for the offence under Section 302 I.P.C. by the Additional Court of Sessions, Nagpur and it was companyfirmed by the Nagpur Bench of the Bombay High Court.
He visited the place of incident and prepared the Inquest Report.
Goma Chacherker went to the police station on the next day and lodged a companyplaint.
The appellant Rama Mangaruji Chacherkar and his brother Dama Mangaru Chacherkar deceased were residing in their companymon ancestral house.
On the date of the incident, i.e., 30.7.1992, Dama had gone to the weekly bazaar and returned home at about 8.00 p.m. After some time, their ensued a quarrel between Rama and Dama and according to prosecution, Rama threw a crude bomb at Dama and it hit his head and exploded.
