HANIF BANOMIYA SHIKALKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant Hanif Banomiya Shikalkar, a resident of Talegaon Dabhade, District Pune, has been convicted of an offence under Section 302 of the Indian Penal Code and has been sentenced to suffer imprisonment for life. It is alleged that the committed the murder of one Kisan Jadhav, a resident of the same village, by intentionally causing his death by stabbing him with a knife on 12-4-1975.

(2.) 12th April, 1975 was a Saturday, It was a 'Gudi Padva' day. On that day that was Jatra (fair) in the village. There was bullock carts' race in the village, in the racing ground which is to the West of Maruti Temple shown in the sketch of scene of offence (Ex. 7). The racing ground was at a distance of about a furlong away from the Maruti temple to the West. According to the prosecution at about 4 p.m. on that day, deceased Kisan was going from his house situated in Shanwar Peth, towards the racing ground by the road shown in the sketch. He was accompanied by his brother Chandrakant (P.W. 7), Sadashiv Mane (P.W. 8) and Malhari Jadhav (P.W. 9). At about the same time, the bullocks and bullock carts were being taken to the racing ground with the accompaniment of music and trumpets. According to the prosecution, when the deceased Kisan Jadhav and his four companions were on their way to the racing ground and when they were near the Octroi Naka, which is shown by figure '2' in the sketch, a bullock began to jump. Kisan remarked that the bullock had become fat and was Jumping. (* Text matter in Marathi not reproduced) About this time, the accused was coming from the opposite direction i.e. from the side of the racing ground. He asked Kisan as to about whom he was making the remark. Kisan replied that the accused had no concern with the matter and that he (Kisan) was just having fun with his companions. When Kisan said so, according to the prosecution, that accused caught hold of Kisan by the collar of his shirt and he pushed Kisan back towards the East. He pushed Kisan to a distance of about 10 to 12 feet. While so doing, he took out a knife from the pocket of the trousers which he was wearing with which he stabbed Kisan on the left side of the chest twice. At the time of the assault by the accused on Kisan, his said companions were at a distance of about 8 to 10 feet towards the West. The place of assault was on the northern edge of the road near the electric pole shown in the sketch by figure ('1'). On stabbing Kisan, the accused began to run with the knife towards east. Kisan collapsed at the place of assault. He had sustained bleeding injuries on the left side of his chest. After Kisan had fallen down his companions including his brother Chandrakant went near Kisan. He was crying for water. Neither Chandrakant nor any of his companions chased the accused, but according to the prosecution, many persons who were on the road chased the accused. Water was given to Kisan. He was in a dazed condition. He could not sip water. Kisan's brother Chandrakant and his three companions viz. Sadashiv Mane, Suresh Mane and Malahari Jadhav lifted Kisan and started carrying him towards the Police Station. When they came near the Teliali Chowk (shown in the sketch) on their way to the Police Station, they found that Head Constable Jagtap (P.W. 17) and Bhagu Kalokhe (P.W. 14) had caught hold of the accused and detained the accused at that chowk. Head Constable Jagtap had with him the knife. Then Kisan was taken to the Police Station. The Police Station is about 3/4 furling to the North from Teliali Chowk. Head Constable Jagtap and Bhagu Kalokhe brought the accused to the Police Station. When Kisan was brought to the Police Station, he lost consciousness. Then Head Constable Jagtap directed that Kisan should be taken to the dispensary of Dr. Mrs. Suman Kher (P.W. 10). Dr. Kher advised that Kisan should be shifted immediately to Talegaon General Hospital. BY that time Sub-Inspector Jadhav (P.W. 18) came there with a Jeep and took Kisan to Talegaon General Hospital. Kisan's brother Chandrakant (P. W. 7) accompanied them. On the way to the hospital, Kisan died. The Medical Officer of the Talegaon General Hospital, examined him and pronounced him to be dead. Sub-Inspector Yadav held an inquest panchanama (as per Ex. 9) in respect of the dead body of Kisan at Talegaon General Hospital. He recorded the complaint of Chandrakant Jadhav (Ex. 23) in the hospital itself. He sent the complaint to the Police Station for registration of the crime. He entrusted the dead body to Police Inspector Janrao (P.W. 16) for being taken to the Sasoon Hospital, Pune for post-mortem examination.

(3.) In the meanwhile, after Head Constable Jagtap (P.W. 17) had removed Kisan to the dispensary of Dr. Mrs. Kher he secured two panchas and seized the clothes viz. trousers and the shirt which accused was then wearing as there were stains of blood on them, under panchnama Ex. 13. Under another panchnama, Ex. 14, he seized the knife, article No. 3, which he had snatched earlier from the hands of the accused. The knife had stains of blood. The accused was arrested under panchnama Ex. 15. It was found that there were contusions and abrasions on his body. Thereafter, in the same evening, Head Constable Jagtap recorded the statements of Bhagu Kalokhe.