SALIM KHAN @ SANJAY KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard, Mr. A. G. Toraskar, Learned Counsel for the Appellant and Mr. S. R. Shinde, Learned APP for the State.

(2.) Appellant-original accused no. 1, is challenging Judgment and Order passed by 10th Ad-hoc Additional Sessions Judge for Greater Bombay at Sewree dated 13th September, 2005. By the said Judgment and Order, the learned Sessions Judge was pleased to convict the appellant for the offence punishable under Section 302 r/w 34 of Indian Penal Code and sentenced to suffer R. I. for life and to pay fine of Rs. 2,000/- and in default to suffer 2 years R. I.

(3.) The prosecution case in brief is that on 30th October, 2004, the deceased Pappu Virji Waghela, the accused Salim Khan and Lalji Avdhesh Narayan Shukla and Kailash Kannad were playing cards at about 12 o'clock midnight and at that time there was sudden altercation and quarrel between the said persons and it is alleged that the appellant assaulted the deceased with a stick near his ear, whereas other accused used the stone and one other accused assaulted him with the hand. After the assault, the deceased fell down and became unconscious and the complainant, P. W-1 Anand Chaturbhuj Ashad, informed the police, who took the injured Pappu Waghela to the Bhagwati Hospital. Pappu Waghela succumbed to the injuries and died. FIR was therefore registered on the basis of the statement of Anand Ashad, the complainant and thereafter the accused was arrested and he was identified by the complainant. The statement of the witnesses were recorded, charge-sheet was filed. The trial was separated since one of the accused was found to be juvenile on the date of the incident. One other accused was absconding and therefore his case was separated. The trial Court convicted the appellant on the basis of the evidence given by P. W-1, Anand Ashad and P. W-5 Sanjay Dhiru Waghela and also on the basis of other material which was brought on record.