RAJU AMBADAS GANGEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal arises from a judgment of the Division Bench of the Bombay High Court dated 18 March 2006. The State of Maharashtra was in appeal before the High Court, assailing the judgment and order of the Additional Sessions Judge, Ahmednagar dated 10 July 1989. The Additional Sessions Judge acquitted all the four accused, including the appellant, who were tried for offences under Sections 302 and 325 read with Section 34 of the India Penal Code (Penal Code) and Sections 37 and 135 of the Bombay Police Act 1951.

(2.) The High Court, while confirming the acquittal of three of the accused, reversed the judgment of the Trial court insofar as the appellant is concerned and found him guilty of the offence under Section 304 Part II of the Penal Code. The appellant was sentenced to suffer rigorous imprisonment for five years and pay a fine of INR 2,000/-

(3.) Captain Vinod Rawat (deceased) was a Captain in the Indian Army. On 10 July 1988, he and his colleague Lieutenant Mellvin Desouza visited New Jagdamba Hotel situated at M.G. Road, Ahmednagar. The hotel was managed by original accused No. 4. The prosecution alleged that a quarrel took place at the hotel between the accused and the two visitors. It is alleged that chilly powder was thrown by the accused into the eyes of the two customers, upon which the deceased and his colleague ran out of the hotel. The case of the prosecution is that they were chased and were assaulted. Police Constable Divakar Shinde (PW-13) was on patrolling duty in the area. He is alleged to have seen the appellant assault the deceased with a gupti. As a consequence of the assault, the deceased fell on the road. PW-13 took him in a rickshaw to the Police Station, Ahmednagar after which he was removed to the Civil hospital.