RAVI DAULAT MOHADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) CRIMINAL Appeal No. 294 of 1995 has been preferred by accused No. 1, Ravi Daulat Mohade, against his conviction by the Court of Sessions for Greater Bombay in Sessions Case No. 474 of 1991, while Criminal Appeal No. 377 of 1995 has been preferred by the State of Maharashtra against the acquittal of co-accused, Deepak Shankar Somawanshi. Both the appeals have been heard together, and we now dispose them of by a common judgment.

(2.) THE appellant in Criminal Appeal No. 294 of 1995, Ravi Daulat Mohade (hereinafter referred to as "accused Ravi"), and accused No. 2, Deepak Shankar Somawanshi Respondent in Criminal Appeal No. 377 of 1995 (hereinafter referred to as "accused Deepak"), were put up for trial before the Court of Sessions for Greater Bombay in Sessions Case No. 474 of 1991 charged of the offence under section 302 read with section 34 of the Indian Penal Code. By his judgment and order dated 29th March, 1995, the Additional Sessions Judge for Greater Bombay found accused Ravi guilty of the offence under section 302 read with section 34, I. P. C. , and sentenced him to undergo imprisonment for life. He, however, acquitted accused Deepak of the charge levelled against him.

(3.) THE prosecution case is that in an incident which took place at about 4 p. m. on 22nd January, 1991, one Shyam Sunder Yadav was assaulted and killed by accused Ravi, who gave him three successive blows with a knife, while accused Deepak, who accompanied him, prevented others from coming to the rescue of deceased Shyam Sunder. The prosecution has examined three eye-witnesses, viz. , Rameshkumar (P. W. 1), said to be an auto rickshaw driver, in whose autorickshaw the injured was carried to the hospital; Motichand (P. W. 2), who owns a paan shop just adjacent to the Dugdhalaya owned by the deceased and his father; and Dassai Yadav (P. W. 3), who is the father of the deceased. P. W. 4 and 5 are the panch witnesses who have deposed to the various recoveries made by them and the panchnamas prepared. Kasam (P. W. 6) is the witness to the seizure of clothes, said to be blood-stained and belonging to deceased Shyam Sunder. Ghanshyam (P. W. 7) is a witness to the search of accused Ravi and seizure of his clothes on 23rd January, 1991 at 5 a. m. Suryawanshi (P. W. 8) was the Station House Officer at Bhandup Police Station on the day of occurrence, and he is said to have recorded the First Information Report (F. I. R) on the information furnished by P. W. 2. Ramchandra (P. W. 9) was the Police Inspector (Public Relations Officer) at Bhandup Police Station on the day of occurrence. Dr. Shivaji (P. W. 10) conducted the post-mortem examination on the dead body of Shyam Sunder on 23rd January, 1991 between 10. 30 and 11. 30 a. m. , when he found the following ante-mortem injuries on the person of the deceased:---