SUNIL BISANDATT KAUSHIK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Appeal is directed against the Judgment and order dated 28/04/2010 passed in Sessions Case No. 202 of 1996 by the learned Additional Sessions Judge, at Court of Sessions, Kalyan whereby the Appellant Sunil Bisandatt Kaushik was found guilty of the offence punishable under Section 302 of the Indian Penal Code and sentenced to suffer imprisonment for life and to pay fine in the sum of Rs.1000/, in default to undergo rigorous imprisonment of six 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.125) was lodged at about 04:30 p.m. at Vashind, (Shahapur) Police Station on the basis thereof Crime No.I96 of 1989, under section 302 read with sections 147, 148, r/w 149 IPC, at the instance of Shri Venkat Sadashiv Jadhav (PW5), in respect of the incident which occurred on 22/03/1989, at about 1.45 to 2 p.m. came to be registered. The first informant along with Mohan Rathod and Parashuram were going by road towards their place of residence after enjoying milkcandies (Coolfies). Five persons including the appellant came and demanded money for Holi. Mahendrasingh, one of the accused, had caught hold of the complainant, but the complainant had refused to pay. Later, Appellant Sunil Kaushik, who came along with his associates towards them, had taken out a knife and stabbed twice on the abdomen of Mohan Rathod. (Deceased). The offenders ran away with the weapon of offence. The first informant did not chase the assailant due to fear. Mohan Rathod was lying injured with his intestines protruded out. Mohan was taken to the Hospital, but was declared dead. The investigation followed thereafter. Inquest (Exh 127) was drawn, of the dead body of Mohan Rathod. Scene of offence Panchnama (Exh 129) was drawn. Blood mixed soil and plain soil sample from the spot were collected. The dead body of the deceased was referred for the post mortem examination to Rural Hospital, Shahapur. Dr Ashok Ingale performed post mortem examination on 23/03/1989 (Ex 135). Underwear and banian from the dead body were recovered under Panchanama (Ex 151). A Knife was recovered pursuant to disclosure from the arrested accused no.1 under the Panchanamas (Exs 154 and 155).

(3.) Muddemal articles weapon recovered as well as sample of earth from the spot, clothes of the deceased were referred to the Chemical Analyzer with letter( Ex 163). Reports of Chemical Analysis were received . Upon completion of investigation the accused were charge sheeted before learned Judicial Magistrate Shahapur.The case was committed to the Court of Sessions, Thane.