DHANANJAY SHANKER SHETTY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The sole appellant in this appeal by Special Leave has impugned his conviction under S. 302 read with S. 34 of the Penal Code as upheld by Bombay High Court.

(2.) The short facts are that Shankar Maruti Kamble (P.W. 1), Dilip Shrirang Barge (P.W. 2) and Siddharth Keshav Kamble (P.W. 9) were Constables attached to Jogeshwari Police Station and they were on patrolling duty at Partap Nagar within the jurisdiction of the said police station in the afternoon of 29th October, 1991. At about 3.30 p.m. when they arrived at the junction of Partap Nagar, they saw people running helter skelter from Triveni Lane. They also noticed that four persons were running armed with weapons, i.e., swords and choppers shouting that Uday Patole was killed. Dilip Shrirang Barge (P.W. 2) could identify the appellant-Dhananjay Shanker Shetty as he was known history sheeter from that area and also wanted in criminal case. The said Constables tried to chase the appellant and his three other companions but in vain. Thereupon, they returned back to Triveni Lane junction and found that Uday Patole was lying in pool of blood with several injuries on his person. P.W. 1 immediately sent telephonic message from the nearby medical stores to the police station stating that Uday Patole was murdered by Dhananjay Shankar Shetty and three other persons on receipt of which Ravindra, J. Medsingh Station Duty Officer, (P.W. 12) and Bhimrao Shivram Khambe Inspector of Police (P.W. 15) rushed to the place of occurrence where statement of Shankar Maruti Kamble (P.W. 1) was recorded stating therein the abovesaid fact on the basis of which a First Information Report against the appellant and three unknown persons was registered at Jogeshwari Police Station at 4.40 p.m.

(3.) The police after registering the case took up investigation during the course of which when the appellant was arrested he was found injured and accordingly referred by the Police to doctor Dilip Ram Chandra Waje (P.W. 13) for examination who found several injuries on his person. During investigation, two other persons, namely, Sudhir Dattatraya Shinde and Rajesh Babu Kharat were also arrested as suspect and they along with the appellant were put on test identification parade in which P.Ws. 1, 3 and 9 are said to have identified all of them. Upon completion of investigation, the police submitted charge-sheet, on receipt whereof learned Magistrate took cognizance and committed the appellant and the aforesaid two other accused persons to the Court of Session to face trial.