LAXMAN ALIAS LAXMAYYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this Appeal, the Appellant Accused has taken an exception to the Judgment and order dated 24th February, 1992, by the learned Additional Sessions Judge, Mumbai by which he has been convicted for the offence punishable under Section 302 of the Indian Penal Code.

(2.) BRIEFLY stated, the case of the prosecution is that the complainant Dilip Ramdhar Yadav (P.W.No.3) and his father were employed by M/s. Royal Security to guard a hill property known as Talzan Hill in the creek of Charkop village at Mumbai. The said Talzan Hill is an island in Charkop creek and it is uninhabited and it is full of trees and bushes. It is alleged that during high tides, it is not possible to walk up to the said hill but only when the high tide is over, it is possible to walk to the hill.

(3.) P.W.No.9 Ramesh Pradumana Pandey stated that he was the security supervisor of the Real Security Agency. He stated that one Resham Singh had engaged the security agency for guarding the said Talzan hill. He gave description of the said Talzan Hill. He stated that P. W. No.3 Dilip Yadav and his father Ramdhar Yadav were the security guards employed by the agency who were posted on the said plot. He stated that at about 3.30 to 4.00 on 3rd April, 1989, the said Dilip Yadav approached him and informed him that one dead body was lying below the hill which was decomposed. He instructed P.W.No.3 Dilip Yadav to lodge a complaint and accordingly a report was lodged. In the cross-examination, he pleaded ignorance as to whether there was high tide during 31st March, 1989 to 3rd April, 1989. He stated that P.W.No.3 Dilip Yadav and his father were on duty on these dates. He stated that till 3rd April, 1989, nobody had informed him about the dead body. He stated that his statement was not recorded by the police.