ARUN NIVALAJI MORE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These appeals, by special leave, have been preferred against the judgment and order dated 28.9.2004 of Bombay High Court by which the appeal preferred by the appellant against his conviction under Section 304 Part I, IPC and sentence of 7 years R.I. and a fine of Rs.200/- awarded by the learned Additional Sessions Judge, Jalgaon in Sessions Case No.145 of 1987, was dismissed and the appeal preferred by the State of Maharashtra was allowed and his conviction was altered from 304 Part I to Section 302, IPC and he was sentenced to imprisonment for life.

(2.) The case of the prosecution, in brief, is that the appellant Arun Nivalaji More was working as a licensed commission vendor in the catering unit at Bhusawal Railway Station. He absented from duty with effect from 3.11.1986 and reported back for work after more than two months on 6.1.1987 on which date he gave an application giving reasons for his absence from duty. In this application he stated that he had gone home on account of illness of his wife and subsequently he was arrested by police in connection with some criminal case and after being released on bail he had reported for duty. PW-1 Pramod Uniyal, Senior Divisional Commercial Superintendent, directed that an enquiry may be made from the concerned Police Station regarding the arrest of the appellant. PW-5 Narayan Dhangar, Head Clerk then sent a letter to Police Station, Faizpur, enquiring about the case in which the appellant had been arrested. The Incharge of Police Station, Faizpur, informed that the appellant had been arrested in case Crime No. 63 of 1986 under Section 302 IPC and that he had been released on bail. After receiving the information that a case under Section 302 IPC had been registered against the appellant, PW-1 Pramod Uniyal and Chhedilal Baliram Ahirwar, who was working as Divisional Commercial Superintendent and who lost life in the incident in question, took a decision to cancel the licence of the appellant. Accordingly a letter was prepared on 20.1.1987 under the signature of Chhedilal Baliram Ahirwar (hereinafter referred to as Shri Ahirwar) giving intimation to the appellant regarding termination of his licence. The letter was served on the appellant on the same day by PW-5 Narayan Dhangar at about 1.30 p.m. The case of the prosecution further is that the appellant, armed with a knife, entered the office of the Divisional Commercial Superintendent at about 4.15 p.m. on 20.1.1987. First he went near the table of Shri Tadvi, who was working as Office Superintendent and thereafter stood near the table of Shri Bandu Kulkarni as he was looking for an opportunity when Shri Ahirwar would be left alone in his chamber. Thereafter he entered the chamber of Shri Ahirwar and gave him a blow by the knife on the left side of stomach. Shri Ahirwar shouted for help saying "Bachao............... bachao" (save .......... save). PW-2 Ashok Pardeshi, who had gone to the D.C.S. Office in connection with a tender which his father had submitted for taking contract of a cycle stand, and was standing in front of the chamber of Shri Ahirwar, saw the appellant stabbing him with a knife. He immediately rushed inside and after picking up a chair threw it at the appellant. Shri Ahirwar also threw a glass containing water on the appellant in order to save himself. The appellant thereafter ran away from the door at the rear side of the chamber. Hearing the commotion some persons including PW-3 Mohammed Ilias and PW-4 Eknath reached the scene of occurrence. PW-1 Pramod Uniyal had also come and Shri Ahirwar told him that he was assaulted by a knife by the appellant Arun Nivalaji More. PW-7 Sukhdeo Bavane, a constable of RPF, gave a chase to the appellant and managed to apprehend him at a distance of about 200 meters near Poonam Hotel. He seized a blood stained knife from the pocket of the appellant and thereafter the appellant was taken to the police station. Shri Ahirwar was rushed to the railway hospital in a jeep where an operation was performed but he succumbed to his injuries on 23.1.1987. After usual investigation the police submitted charge-sheet against the appellant under Section 302, IPC.

(3.) During the course of trial the prosecution examined several witnesses and also filed some documentary evidence. PW-1 Pramod Uniyal, Senior Divisional Commercial Superintendent and PW-5 Narayan Dhangar, Head Clerk deposed regarding the absence of the appellant from duty with effect from 3.11.1986, the enquiry conducted after the appellant had given an application on 6.1.1987 giving explanation for his absence and also the order which had been passed under the signature of the deceased Shri Ahirwar on 20.1.1987 cancelling the licence of the appellant PW-2 Ashok Pardeshi gave direct eye witness account of the assault made by the appellant upon the deceased by a knife while the latter was sitting in his office. PW 7 Sukhdeo Bavane, constable of RPF, deposed about the chase given by him and also the fact that he apprehended the appellant at a distance of about 200 meters and recovered a blood stained knife from the pocket of the appellant. Apart from the above evidence the prosecution also relied upon the evidence of three separate dying declarations made by the deceased. PW-1 Pramod Uniyal, Senior Divisional Commercial Superintendent had reached the chamber of the deceased after hearing the commotion and immediately after the assault had been made. He stated that the deceased told him that the appellant Arun Nivalaji More had assaulted him with a knife. PW-12 Shantidevi, who is wife of the deceased, deposed that when she visited the hospital after learning about the incident the deceased told her that the appellant had assaulted him with a knife. A formal dying declaration was also recorded by PW-13 Raghunath Shankar Kahire, Dy. Superintendent of Police, after PW-6 Dr. Anand Thakare, Medical Officer had certified that the deceased was in a fit mental condition to give a statement. In this statement also the deceased clearly said that the appellant had assaulted him with a knife. The recovery of blood stained knife from the pocket of the appellant was proved by the statement of PW-7 Sukhdeo Bavane.