Shalini Phansalkar Joshi JUDGMENT
Dr. Shalini Phansalkar Joshi, J.
1. In this appeal an exception is taken to the judgment and order dated 3rd December 2008 of Additional Sessions Judge, Satara in Sessions Case No. 62 of 2008 whereby Appellant is convicted for the offence under Section 302 and 323 of the Indian Penal Code (IPC) and sentenced to suffer imprisonment for life and fine of Rs. 5,000/- in default R.I. for 6 months on the first count and fine of Rs. 1,000/- in default R.I. for 1 month on the second count.
2. Brief facts of the appeal can be stated as follows;
"PW-1 Namdeo Jadhav is the younger brother of deceased Dilip. They were residing adjacent to each other. Dilip had one son by name Karan aged about 13 to 14 years. Two to Four days prior to the date of incident there was some quarrel between Karan and son of Appellant. On the date of incident i.e. 18/04/2007 at about 7.45 pm when Karan had gone to the shop of Shri Wagh, Appellant abused him. Hence PW-9 Karan came to the house crying. He informed about the same to his father and uncle. Hence both of them decided to go to the house of Appellant's brother to inform him about it. While they were proceeding on the way, Appellant came from opposite direction. Dilip asked the Appellant as to why he has abused his son Karan. Thereupon Appellant started stabbing the deceased with knife on his chest. He inflicted two blows of knife on his chest. When PW-1 Namdeo tried to obstruct him by holding his hand, he also sustained injury to middle finger of his right hand. Appellant gave the jerk and ran away. Injured Dilip was then taken to the Civil Hospital, where he was declared dead."
3. On the same night at about 9.30 pm, PW-1 Namdeo lodged complaint at Koregaon Police Station. On his complaint CR No. 35 of 2007 came to be registered against the Appellant for the offence under Section 302 and 323 of IPC. During the course of investigation, the spot panchanama was made vide Exh. 26 in the presence of PW-3 panch Sambhaji Kashinath Phadatare. After the inquest panchanama, the dead body of Dilip was referred for postmortem. As per the postmortem report, the cause of his death was left side haemothorum with ruptured spleen. Appellant was arrested on the next day and at his instance the blood stained knife came to be seized under the memorandum and recovery panchanama Exh. 35 in the presence of the panch PW-5 Anandrao Rangrao Barge. The clothes of the Appellant and deceased Dilip, seized under panchanama Exh. 27 and Exh. 28, were sent to CA. The injury certificate of PW-1 Namdeo was collected from PW-7 Dr. Vaibhav Vasantrao Jadhav and after completion of due investigation, charge-sheet came to be filed against the Appellant in the Court of Judicial Magistrate First Class, Koregaon.
4. On committal of the case to the Sessions Court at Satara, the charge was framed against the Appellant vide Exh. 6. Appellant pleaded not guilty and claimed trial raising the defence of denial and false implication.
5. In support of its case, prosecution examined in all 10 witnesses and on appreciation of their evidence, the trial Court was pleased to convict and sentence the Appellant as stated above.
6. This judgment of the trial Court is challenged in the present appeal by learned counsel for the Appellant Shri Yug Mohit Chaudhary; whereas supported by learned A.P.P. Mrs. G.P. Mulekar.
7. In his submissions, learned counsel for the Appellant fairly concedes that he is not disputing the occurrence of the incident and assault on the deceased at the hands of the Appellant, a........