STATE OF MAHARASHTRA Vs. RAJU BHASKAR POTPHODE

JUDGEMENT

(1.) Challenge in this appeal is to the judgment rendered by a Division Bench of the Bombay High Court directing acquittal of respondent-Raju Bhaskar Potphode (hereinafter referred to as the 'accused'). Accused was found guilty of the offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the 'IPC') and sentenced to undergo imprison ment for life by learned Additional Sessions Judge, Greater Bombay, in Sessions Case No.355 of 1993. Accusations which led to the trial of the accused was that he had on 7.2.1993 at about 4.30 p.m. committed the murder of one Sunil Gore (hereinafter re ferred to as the 'deceased') by stabbing with a knife.

(2.) Prosecution case in a nutshell is as follow : On 7th February, 1993, the Sai Krupa Cricket Club had organized Single Wicket Cricket Competition on an open playground near Sai Mandir, Samarth Nagar, Majaswadi, Jogeshwari (E). In the said competition boys of Majaswadi locality 44 boys including the first informant-Ravindranath Damle, (PW 1), Uday Gore (PW 2), Arun Raghunath Paranjape (PW 3), Santosh Lad (PW 4), Girish Modak, had participated. At about 9.00 a.m. after drawing of the lots, as regards which player was to play with whom, the competi tion started. Vijay Potphode the brother of the respondent, and one Mr. Troy had al legedly taken part in the said competition. At about 4 p.m., out of 44 competitors, 6 participants emerged out as winners and as a further step Vijay and Troy were to play with each other. As both belong to one and the same club, they refused to play against each other and requested for a change of draw. Deceased-Sunil Gore who was respon sible for the draw, however, was not ready and willing to change the draw. Deceased-Sunil Gore asked Vijay to withdraw from the competition and to take back subscription if he did not want to play against Troy. This led to exchange of hot words. The said al tercation was allegedly being witnessed by the respondent who intervened and started taking the side of his brother Vijay. The members of the Sai Krupa Cricket Club in tervened in the said altercation and paci fied the situation and asked the respondent to leave the playground. It is further alleged that the respondent left and returned back with a knife and stabbed Sunil Gore on his abdomen. Due to this, Sunil Gore received stab injuries and collapsed on the ground. The respondent allegedly threatened all not to come near him and ran away with the knife. Sunil Gore was removed to Cooper Hospital, however, he was declared dead before admission. At about 5.25 p.m. on 7th February 1993 the first informant Ravindranath (PW 1) went to Jogeshwari Police Station and lodged the FIR which was reduced into writing vide Exhibit-6 by Uday Bhanu Sharma (PW 12). An offence was reg istered against the accused at CR No.47 of 1993 at Jogeshwari Police Station on the basis of the FIR. Shri Sharma (PW 12) took up the investigation. He visited the hospi tal. He held the inquest on the dead body and a panchanama to that effect was drawn at Exhibit-11. The dead body was sent for postmortem examination. He visited the spot and drew the panchanama of the scene of offence at Exhibit-10 in presence of two panchas. After recording the panchanama of the scene of offence, the investigating of ficer recorded statements of witnesses. On 8th February, 1993 accused Raju Bhaskar Potphode was arrested from his residence. He was brought to the police station. His clothes were attached under the seizure panchanama at Exhibit-34 in presence of the two panchas, viz. George Anthony D'Souze (PW 8) and Pradeep Shankar Hazale (PW 9). There were blood stains on the clothes of the accused. Clothes were packed, labelled and sealed under the signatures of panchas. The accused was interrogated in presence of the panchas. On 11th February 1993 the accused made a statement that he would show the knife. His statement was recorded at Exhibit-16. In pursuance of the said statement, the accused led the investi gating officer and the panchas to the spot at Shivtakdi, Satbawadi. The accused pointed out the place where a search with the help of torch was carried out and a knife hidden in the grass was found. It was seized under a panchanama Exhibit 16-A. Knife (Article-6) was produced in the trial Court. In the meanwhile, the post-mortem exami nation of the deceased was conducted by Dr. Baban Shripati Shinde (PW 7). The clothes of the deceased were also attached. The post-mortem notes are at Exhibit-19. The blood stained clothes of the accused, the knife (Article No.6), sample of blood of deceased and the clothes of the deceased were sent to the Chemical Analyser. After completion of investigation, the accused was charge-sheeted for the aforesaid offence in the court of the Metropolitan Magistrate, Mumbai.

(3.) Accused pleaded innocence and false implication. Therefore, trial was conducted. In order to establish the accusations 12 wit nesses were examined. It was claimed that PWs 1 to 4, namely, Uday Gore, Arun Raghunath Paranjape, Santosh Lad and Girish Modak were the eye-witnesses of the occurrence. During trial, however, except PW-2 others resiled from the statements made during investigation. PW-1 Ravindranath Damle partially supported the prosecution version but claimed that he had not seen the occurrence. PWs 3 and 4 to tally denied to have witnessed the incident. The Trial Court placing reliance on the evi dence of PW-2 recorded conviction and im posed sentence as aforesaid.