SHUDHAKARBHANAJICHAVAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants were convicted of an offence under Section 302 read with Section 34 of the I. P.C. by the Sessions Judge for Greater Bombay and each of them was sentenced to imprisonment for life. They filed an appeal to the High Court against the conviction and sentence. The High Court dismissed the appeals in limine. This appeal, by special leave, is directed against the order of the High Court.

(2.) The prosecution case was as follows. The deceased Narayan alias Babi. Laxman Dholam (P.W. 3) and appellants 1 to 4 were all residing in the Nariman Bhatnagar Zopadpatti at Prabhadevi. Relations ' between Babi and Naresh (P.W. 4) on one side and the appellants on the other were strained on account of their support for candidates belonging to rival political parties in the municipal elections held in March. 1968.

(3.) There is a committee appointed by the hutment dwellers to collect rent at the rate of Rs. 2/- per month from the hutment dwellers. Appellant No. 1 was a member of the committee and appellant No. 3 was its Secretary. The deceased Babi was in arrears of rent and the committee often demanded rent from him and on the night of the incident i.e. September 12. 1968. Naresh and Laxman had abused the committee members at about 9 P.M. when they had gone to demand rent at the hut of Babi. On the same day at about 9 or 9-30 P.M. Laxman Dholam was standing near his hut and talking with Babi. At that time Naresh came near the hut of appellant No. 2 and asked him why he was abusing him. Appellant No, 1 slapped Naresh but Laxman Dholam and Babi intervened and separated them. The appellants thereafter gathered together with deadly weapons and wanted to assault Naresh. At about 10-30 P. M. Laxman Dholam saw Naresh running towards building No. 17 and the appellants Nos. 1 to 4 following him. At the time appellant No. 1 had a pharshi (axe), appellant No. 2 had a hockey stick. appellant No. 3 had a small pharshi and appellant No. 4 had an open knife. They followed him upto building No. 17, but Naresh managed to escape them. While the appellants were returning from building No, 17, one of them said on the way that "Babi Dagadela Ghevuya" meaning "we should take Babi Dagade (deceased)", On hearing this Laxman Dholam went running to the hut of Babi and told him that he should not come out of the hut as the appellants were in search of him, Immediately the appellants came and pushed the door of the hut of Babi and opened it. They entered the hut with the weapons in their hands. At that time P.W. 5 Laxmibai was serving meals to her husband Babi. Two chimny lights were burning in the hut. Babi got up when he saw the appellants. Then appellant No, 1 gave him a blow with the pharshi. Babi's wife intervened but she was pushed aside. Babi ran outside and tried to climb the compound wall of the Hindu Cemetery; which is adjacent to his hut. While he was so climbing. appellant No. 4 gave two stabs with a knife on his back. Appellant No. 3 gave him another blow but it caused injury on the left hand of appellant No. 4 Thereafter the appellants threw Babi in the Hindu Cemetery and returned through the hut of Babi, Babi was carried into the hut by his wife end others.