LALCHAND CHEDDILAL YADAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant aggrieved by the judgment and order dated 31-1-1996 passed by the Additional Sessions Judge, Greater Bombay, in Sessions Case No. 1242 of 1992 convicting and sentencing him to undergo imprisonment for life for the offence under section 302 I. P. C. has come up in appeal before us.

(2.) SHORTLY stated the prosecution case runs as under :-On 26-8-1992 at about 7 p. m. , Rajendra Sahani P. W. 8 along with one Murli was standing on a platform near Shivshakti sugar-cane Vakhar, Carter Road-9, Borivali (East) Bombay. He heard the appellant who was working in the sugarcane vakhar of one Babulal situated adjacent to Khandwani building asking Shamlal who was a co-worker in the said vakhar to bring a diary. Thereafter, Rajendra Sahani, Murli, Shamlal and the appellant stood on the said platform. After sometime, Murli went towards Sukharwadi to answer the call of nature and Rajendra Sahani P. W. 8 for urinating. Just before he had left for urinating, he heard an exchange of hot words between the appellant and one Ramkumar over a monetary dispute. After he had returned from urinating, he saw the appellant inflicting knife blows on Ramkumar, as a consequence of which, the latter fell down. Thereafter, the appellant ran away. Thereafter, Rajendra Sahani P. W. 8 went to his employers (Khandwani Company) where the police questioned him. 2-A. The evidence of Babulal Yadav P. W. 1 shows that on 26-8-1992 after he had returned to his house, after making enquiries about his son Omprakash, who had gone to deliver goods by a tempo at Vashi, and had not returned, he found that a crowd had collected near his house. He found that Ramkumar was lying in a pool of blood. Consequently, on a jeep he took Ramkumar to a private clinic but, the doctor was not available there, and thereafter took him to Bhagwati Hospital, where the doctor on examining him declared him to be dead.

(3.) THE evidence of Inspector Uday Sharma P. W. 12 who at the time of the incident was attached to Kasturba Police Station, Borivali shows that on receiving information from Bhagwati Hospital that one Ramkumar had been brought by Babulal Yadav P. W. 1 to the said hospital, with stab injuries on his person, he proceeded to Bhagwati Hospital. He recorded the F. I. R. of Babulal Yadav; prepared a panchanama of the corpse; and prepared the spot panchanama.