RATNAPAL BALEKAR Vs. STATE

JUDGEMENT

(1.) HEARD Advocate for the appellant/accused and Public Prosecutor for the State.

(2.) THIS is an appeal by the accused against his conviction under section 302 of the Indian Penal Code, by which he is sentenced to imprisonment for life and fine of Rs. 10,000/- in default to undergo Simple Imprisonment for 6 months.

(3.) HOWEVER, the Counsel for the appellant contends that the entire prosecution case is based on the evidence of only one eye witness, i. e. PW. 2, Mahesh Karapurkar. This witness, in his examination-in-chief, has stated that at the relevant time he was returning home in his Fiat car, when he saw one dark blue colour goods rickshaw and the accused was assaulting one person who was naked. The accused was assaulting with his legs. He, thereafter, came back to his house with his family members who were in the said car. i. e. his son aged about 15 years and one lady by name Radhabai Narvekar. After some time when he reached home, he heard some noise like something being hit on the front door of his house. The noise was repeated two or three times. He asked from inside his house without opening the door as to who was there and the accused replied, he was Ratnapal, the accused. The accused asked him to open the door repeatedly, but the witness did not open the door because his wife was screaming out of fear. He, however, opened the window and saw that the accused was there. He was furious and one person was lying naked by the side of the verandah. He also identified the deceased as Vishwanath Naik who used to drive rickshaw. The witness asked the accused as to what was wrong and the accused told the witness that since he (witness) has seen the accused assaulting deceased and the witnesses had blown the horn of his car, that the accused has brought the deceased to witness' compound wall to see what the witness would do. In the meantime, other persons came there. They asked the accused to take away Vishwanath from verandah. Thereafter, the accused threatened all those who had gathered to kill if they informed his name to anybody.