SATISH VISHNU CHAVAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE Appellants who are brothers were tried for the murder of Dattatraya Ramchandra Pawaskar and his father Ramchandra Parshuram Pawaskar under Section302 read with section34 of I. P. C. Alternative charge in respect of the same was framed under Section302 read with Section114 of I. P. C. THE appellants were also charged for attempt to murder Vijay Ramchandra Pawaskar, brother of Dattatraya Ramchandra Pawaskar and son of Ramchandra Parshuram Pawaskar under Section307 read with Section34 of I. P. C. Alternatively charges under Section307 read with Section114 of I. P. C. was framed. THE prosecution had examined 14 witnesses in support of the said charges. THE learned Additional Sessions Judge, Greater Bombay, vide judgment and order dated17th April, 1996 found the appellants guilty of murder of Dattatraya Pawaskar and Ramchandra Pawaskar under Section302 read with Section34 of I. P. C. and sentenced them to suffer R. I. for life and fine of Rs. 5,000/- each, in default R. I. for six months. THE appellants were also found guilty of voluntarily causing hurt to Vijay Pawaskar under Section324 read with Section34 of I. P. C. and were sentenced for R. I. for one year and fine of Rs. 5,000/- each, in default R. I. for six months. THE amount of fine if recovered was ordered to be paid as compensation to Vijay Ramchandra Pawaskar and other family members of the victim Ramchandra Pawaskar and Dattatraya Pawaskar. Substantive sentence were ordered to run concurrently. THE appellants were given set off of the period spent in detention till conviction under Section428 of Cr. P. C.

(2.) THE prosecution case, in brief, is that the deceased and Vijay Pawaskar were residents of Room No. 18 in Indulkar Chawl, Hanuman Road, Vile Parle, Mumbai and the accused reside just in front of the residence of the deceased and Vijay Pawaskar in Indulkar Chawl, Hanuman Road, Vile Parle (East), Bombay. On 17th April, 1991 at about10. 00 p. m. near Hanuman Temple one Bharat Joshi along with his two friends caught hold of accused-Appellant-Satish Chavan, but the quarrel ended, after which accused-Appellant-Satish questioned Vijay Pawaskar, P.W.2 why he did not mediate in the dispute. At this stage the father of Vijay Pawaskar, P.W.2 and his sister Sangeeta came. Sangeeta was pushed by accused Appellant-Satish, who also asked his brother accused-appellant Sunil to bring Vastu. THE said Sunil went and brought an open knife and when Ramchandra, deceased father of Vijay Pawaskar, P.W.2 went to stop him, appellant-Sunil assaulted him and stabbed Ramchandra Pawaskar in the abdomen. THE said appellant-Sunil was caught hold by Ashok Betkar and Shrikant and appellant-Satish took knife from the hands of appellant-Sunil. THEn Appellant-Satish went to attack Vijay Pawaskar, P.W.2 and stabbed him on the stomach. At this stage his brother Dattatraya Pawaskar came and appellant-Sunil chased Dattatraya Pawaskar and appellant-Satish went to attack Dattatraya Pawaskar and gave him stab blow on his chest. THEreafter both the appellants chased Vijay Pawaskar, P.W.2 and while he was running Appellant-Sunil gave him stab blow on his back. THEreafter the appellants ran away. Ramchandra Pawaskar and Dattatraya Pawaskar were taken to the hospital and they were declared dead. Vijay Pawaskar was also taken to the hospital. THE F. I. R. was lodged with the police by P. W.1-Ganesh Ghadashi on the same night. THE appellants were arrested on18th April, 1991 at around noon time. At the instance of appellant-Satish knife was recovered under Section27 of the Evidence Act. Blood stained clothes of the appellants were also attached by the Police. After completing the investigation the appellants were tried and convicted by the trial Court as stated above.

(3.) THE learned Additional Sessions Judge has accepted the testimony of the 3 eye witnesses P.W.2-Vijay, P.W.3-Sujata Suryakant Chavan and P.W.4-Ashok Dhondu Betkar, recovery of knife, medical evidence as also the recovery of the blood stained clothes from the person of the appellants. THE trial Court found ring of truth in the evidence of the eye witnesses who could not be shaken during cross examination on material particulars and rejected the submission of the defence that at the time of incident it was dark due to which identification of the appellants was not possible. In view of this he held the appellants guilty of the charges under Section302 read with Section34 of I. P. C. for the murder of Ramchandra Pawaskar and Dattatraya Pawaskar. In view of the medical evidence on record in respect of Vijay Pawaskar, P.W.2 the conviction of the appellants in that respect was recorded under Section324 read with Section34 of I. P. C. instead of attempt to murder under Section307 read with Section34 of I. P. C.