RAJESH GOVIND JAGESHA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants herein along with Santosh alias Sandeep alias Shanu were tried for the commission of offences punishable under Sections 302, 504 read with Section 34, IPC by the Sessions Judge, Thane. They were alleged to have committed the murder of Joy Kutty on 2-1-1993 at about 4.45 p.m. in a locality of Mumbai known as Vashi. They were convicted and sentenced to suffer imprisonment for life for commission of offences under Section 302 read with Section 34, IPC. The appeal filed by all the accused persons was dismissed by the High Court vide the judgment impugned in these appeals. All the accused persons excepting accused Santosh alias Sandeep alias Shanu have preferred these appeals alleging that the Courts below have not appreciated the evidence properly in the case and that no case for conviction was made out against them. The prosecution witnesses were alleged to be interested and chance witnesses and were alleged to have not seen the occurrence. It is further contended that appellant Rajesh Govind Jagesh, accused No. 2 before the trial Court could not be convicted as he was not properly identified at the identification Parade which is stated to have been held in violation of settled principles of law and after a prolonged unexplained delay.

(2.) The case of the prosecution is that on 30th December, 1992 at about 9 p.m., the complainant Mandip Singh Johal, his cousin brother Surinder Singh and cousin sister Sarita alias Rita were returning to their homes from the market in Sector No. 6 of Vashi locality and when they reached at the corner of Sectors 6 and 7, Harish Govind Jagesha, accused No. 3, Sharif Anwar Saiyyad, accused No. 1 along with their two companions started teasing Rita by indulging in whistling. Surinder Singh looked at the aforesaid persons angrily. The said persons had beaten the complainant and Surinder Singh with fists. Sarita alias Rita lodged a complaint at Vashi Police Station on 1-1-1993 but the culprits could not be arrested despite efforts made by the police. On 2-1-1993, the complainant, his friends Joy Kutty, Dinesh Panchal, Harprit Singh Randhava, Kishore, Surinder Singh and Sarita alias Rita had gone to Win-win Hotel. On return, they left Rita at the house and at about 4.40 p.m. when they were passing from row house 'G' and 'R' in Sector 7 towards the market, accused Nos. 1 and 3 along with their two companions came from behind, abused and attacked Joy Kutty with weapons like swords, chopper and gupti. Being apprehensive to the safety of their lives all except Joy Kutty ran from the place of occurrence. They reached Auto Rickshaw stand in Sector 6 and when they were proceeding towards Vashi Police Station to lodge the report, they saw that Joy Kutty was running towards Sterling Hospital by the Highway from Octroi Naka. All of them lifted Joy Kutty and brought him to the Sterling Hospital. As no doctor was available in the hospital, Joy Kutty was taken to Lakshadip Hospital where, after examining, the doctors declared Joy Kutty as dead. The complaint Exhibit 18 was lodged by Mandip Singh Johal with B.A. Kadam, PSI at about 5.30 p.m. After registering the offence bearing No. 2/93, the PSI rushed to Lakshadip Hospital and conducted an inquest panchanama on the dead body of the deceased. At the instance of accused No. 2 a sword (Article No. 9) was attached as per Exhibit 59 and Panchanama Exhibit 59-A on 4-1-1993. Blood stained clothes of the accused Nos. 1 and 2 were seized on the same day. A sword and chopper (Articles 16 and 17) were attached as per Memorandum Exhibit 43 and panchanama Exhibit 44 at the instance of accused No. 2 on 7-1-1993. Accused No. 3 namely, Harish Govind Jagesha and accused No. 4 Santosh were arrested on 20-1-1993. On 23-1-1993 a knife and two shirts were recovered from the house of accused No. 4 at his instance vide Memorandum Exhibit 61 and Panchanama 61-A. After the charges were framed against the accused persons under Sections 302, 504 read with Section 34, IPC they pleaded not guilty and claimed to be tried. On appreciation of evidence, the trial Court held that the prosecution had proved that the death of Joy Kutty on 2-1-1993 in Sector 7 Vashi was a homicidal one. It was held that prosecution had succeeded in proving, beyond all reasonable doubts, that the accused persons in furtherance of their common intention attacked Joy Kutty with weapons like sword, chopper and gupti and thereby committed the offence of murder.

(3.) The High Court, after appreciating the evidence in depth and dealing with all aspects of the matter, dismissed the appeal by holding: