SANJAY LAXMAN CHAVAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is preferred by the original accused against the Judgment and order dated February 20, 2008 passed by the learned I/c Ad-hoc Additional Sessions Judge, Thane in Sessions Case No. 106 of 2005. By the impugned judgment and order, the learned Sessions Judge convicted the appellant-accused as per section 235(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') of the offence punishable under section 302 Indian Penal Code (for short 'I.P.C.') and sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs.5,000/- (Rupees Five thousand only) in default to suffer further rigorous imprisonment for one month.

(2.) The case of the prosecution i s that on November 12, 2003, Mangesh Shaligram Patil (hereinafter referred to as 'the victim') was vvatching cricket match alongwith the complainant PW-4 Dinesh Sureshchandra Shah at about 9.30 p.m. from out of the house of the one Mandar Wadkar. At that time one boy called the victim. It is alleged that appellant-accused assaulted the victim by means of iron rod on his head. PW-4 complainant tried to catch hold of the accused, whereupon, he was pushed and the accused further assaulted the victim on chest by the iron rod.

(3.) It is further case of the prosecution that the complainant sought help of the people but nobody came forward and the accused ran away from the scene of offence. P.W.4 complainant rushed towards the house of the victim and informed the mother of the victim Kokila PW-7 about the assault. PW-7 Kokila Shaligram Patil and PW-10 Shaligram Kautik Patil, father of the victim rushed towards the spot where the victim was lying. The parents of the victim took him to the Municipal Hospital at Vashi. On the same day, PW-4 has lodged the complaint at Exh.51 with Vashi Police Station against the accused. The victim was shifted to Sion Hospital for further treatment, where he died on November 15,2003 during the medical treatment.