VIJAY RAMKRISHNAN GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal arises out of an order passed by the High Court of Bombay at Aurangabad whereby Criminal Appeal No. 290 of 2008. filed by the Appellant has been dismissed, the Appellant's conviction under Section 302 of the Indian Penal Code and the sentence of life imprisonment with a fine of Rs. 20,000/- awarded to him upheld. In default of payment of fine the Appellant has been sentenced to undergo rigorous imprisonment for a further period of four months. The prosecution case, in brief, is as under:

(3.) The deceased. Utkarsha Barku Pawar, was a resident of Swami Narayan Colony near Priti Sudhaji High School, Dhule. On 8.9.2007, at about 6.30 p.m. the Appellant along with four others is alleged to have come to the front of the house of Kamalabai (PW6), mother of the deceased and called out for the deceased. In response the deceased appears to have stepped out of the house along with his brother Gaurav (PW8). The prosecution case is that when the duo came out of their house the Appellant and Ors. accompanying him started abusing the deceased and his brother. The exchange led to a scuffle between the deceased and his brother on the one side and the Appellant and his four companions on the other. It is in the course of this scuffle that the Appellant appears to have taken out a knife, stabbed and grievously injured the deceased-Utkarsha Barku Pawar. The deceased was rushed to the hospital where he died, while the Appellant was nabbed at some distance from the spot after a brief chase by others who were present on the spot. In the hospital, the statement of Smt. Kamalabai (PW6) was recorded by the PSI Mahire (PW11), in which she narrated the sequence of events leading to the occurrence. FIR No. 178/2007 was on that basis registered in Police Station Azad Nagar for offences punishable under Section 302 read with Section 34 of the Indian Penal Code.