STATE OF MAHARASHTRA Vs. UTTAM RAGHUNATH LAD

JUDGEMENT

(1.) This appeal takes an exception to the judgment and order passed by the Additional Sessions Judge, Greater Bombay on 07.01.1998 in Sessions Case No. 498 of 1984, thereby acquitting the accused from the offence punishable under Section 302 read with 34 and 307 read with 34 of Indian Penal Code (for short "IPC").

(2.) The prosecution case as stated by Dilip Katara (PW 2), in brief is as under:-

(3.) On 25.03.1984 at 9.00 pm., Dilip (PW 2) returned at home. At about 9.45 pm., his friends Anoop and Ashok came to his house. He took them to Rachana Snack Bar for a cup of tea. He ordered tea when he noticed two Bhayya's were fghting in front of Rachana Snack Bar near Styles Tailor. Rachana Snack Bar and Stylex Tailor are adjacent to each other. He was knowing those Bhayya's. Hence, he went forward and separated them. One of the Bhayya's had sustained injury. At that time, the accused came and enquired with Dilip (PW 2) as to why he intervened. He told them that, as they were fghting, he intervened. In spite of the explanation, both the accused threatened with dire consequences as those Bhayya's were their persons. Thereafter, the accused went towards the lane. On hearing the commotion, brother of Dilip (PW 2) namely Suresh came near Rachana Snack Bar. He enquired about the commotion. While he was explaining at that time both the accused suddently came from Jain Mandir. Accused No. 2 was armed with Gupti and Accused No. 1 was armed with knife. Suddenly, Accused No. 1 gave a blow of knife on left thigh of Dilip (PW 2). He sustained injury to left thigh. Brother of Dilip (PW 2), Suresh came to his rescue. At that time, Accused No. 2 gave a blow of Gupti to Suresh on the left side of abdomen. Dilip (PW 2) went to rescue Suresh when Accused No. 2 raised his hand to assault Dilip (PW 2) which he warded off by his palm. Thereafter, he ran away in the direction of the lane.