ANIL SHASHIKANT ALVE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Appeal is directed against the Judgment and order dated 17/12/2004 passed in the Sessions Case No.285 of 2002 by the learned Additional Sessions Judge, at Court of Sessions, Mumbai, whereby the Appellant Anil Shashikant Alve was found guilty of the offence punishable under Section 302 read with section 34 of the Indian Penal Code (IPC) and sentenced to suffer imprisonment for life and to pay fine in the sum of Rs. 20,000/-, in default to undergo rigorous imprisonment for four months. Being aggrieved by the judgment and order of conviction, present appeal is filed by the appellant.

(2.) Brief facts which led to the prosecution of the Appellant are: Complaint (Exh.10) was lodged by Shri Chandrashekhar (PW1) in respect of the incident which occurred on 09/12/2001 at about 10:15 p.m. at the Chatrapati Shiwaji road opposite, Nityanand Hindu Hotel, Vakola bridge Santacruz (East) Mumbai. After the first informant had attended hotel and was sitting at the counter and while watching traffic on the road, saw that Santosh Karunakaran Malli, who had visited the hotel and who after enjoying a beer in the hotel, paid the bill and left the hotel, was stabbed repeatedly by three persons by means of weapons like chopper and Gupti. People had collected at the spot due to the incident. Santosh Malli fell on the road in injured condition. He was taken to the Hospital, but was declared dead before admission. The Complaint was registered as FIR No 550 of 2001 at the Vakola Police Station(Exh 10 & Exh 10 A). It was recorded by PW9 Vijay Dalvi, the investigating officer, on 09/12/2001, who had proceeded to the spot along with the staff soon after receiving telephonic information. Inquest(Exh. 30) was drawn. During the inquest Panchnama, wrist watch (Art.1), bracelet (Art.2) and blood stained clothes of the deceased (Art Nos. 3 to 6) were recovered from the dead body and they were sealed and labeled. The dead body of the deceased was referred for the post-postmortem examination to Cooper Hospital. P.S.I., Shri Patel drew spot Panchnama, as the spot was pointed out by the first informant (Exh 31). The accused Manoj Yadav @ Kanya was arrested on 14/12/2001. The appellant Anil Alve and the accused Ashok Yadav were arrested on 23/12/2001. The accused Anil had made disclosure statement (Exh. 22), pursuant to which a Chopper (Art. No 7) was discovered at his instance. On 25/12/2001, Panchnama regarding Disclosure Statement was made, in respect of the Statement of A-2, and pursuant to which knife was recovered under the Panchnama (Exh 24-A).

(3.) Muddemal articles, weapon recovered from the spot as well as sample of earth taken from the spot and clothes of the deceased were referred to the Chemical Analyzer with letter dated 10/12/2001. Reports of Chemical Analysis were received as per Exhs. 34 and 35 colly, indicating that the sample of earth soil, and clothes of the deceased were found stained with human blood, while stains of human blood were also detected on weapons i.e. chopper and also knife which were seized, during the course of investigation, pursuant to disclosures from the accused. Results as to blood group, however, were inconclusive. Upon completion of investigation the accused were charge sheeted before learned Metropolitan Magistrate, 21st Court, at Bandra. On 04/04/2002 the case was committed to the Court of Sessions, Mumbai.