SARWARLARAM BAKRIDANKHALIPA SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against appellant's conviction by the learned Additional Sessions Judge, Sewree, Mumbai for the offence punishable under Section 307 read with Section 34 of the Indian Penal Code and sentence of simple imprisonment for three years with a fine of Rs. 1000/- or in default simple imprisonment for six months on conclusion of joint trial in Session Case Nos. 465 of 1993 and 432 of 1995 before him. Facts which are material for deciding this appeal are as under:-

(2.) Upon commitment of the case by the learned Metropolitan Magistrate to the Court of Sessions, the learned Additional Sessions Judge to whom the case was made over, charged the appellant and co-accused Awadhnarayan Vishwanath Upadhyay and Lallan Sankathaprasad Upadhyay for the offences punishable under Section 307 read with Sections 120B and 34 of the Indian Penal Code and Sections 4, 5 read with Section 6, 9B(b) read with Section 12 of the Explosive Substances Act, 1908. Since accused persons pleaded not guilty, they were put on trial at which the prosecution examined in all ten witnesses in its attempt to bring home guilt of the accused persons. After considering the prosecution evidence in the light of defence of false implication, the learned Judge convicted the appellant and sentenced him as aforementioned while he acquitted the other two accused persons of the offences charged. Aggrieved thereby, the appellant is before this Court.

(3.) I have heard the learned counsel for the appellant the learned Additional Public Prosecutor for the respondent - State. With the help of both the learned counsel I have gone through the evidence on record. PW-1 Rajwansh Jaganarayan Singh and PW-2 Dinesh are the persons, who had suffered injuries in the incident. PW-5 Sunil Singh Kishan Singh was also present and had witnessed the incident. The injuries sustained by the witnesses were treated by PW-7 Dr. Ramesh Kantilal Talati, who proved his Medical Certificates at Exhibit Nos. 30 to 33. The injuries observed were multiple abrasion. The Medical Officer was candid in admitting that it was his first occasion to examine a person injured in a bomb blast but it is not clear as to how he came to the conclusion that abrasions noted by him were the result of a bomb blast. However, this need not detain further inquiry into complicity of the appellant, since it is not the appellant, who is alleged to have thrown bombs at the witnesses. Even according to them, it was the person, who accompanied the appellant, who had thrown some article at their feet which exploded and injured them. The appellant is alleged to have fired two rounds from his revolver or fire arm. PW-6 Head Constable, Maruti Kisanrao Ghule was on duty at police outpost which is 20 feet from the spot and rushed immediately. PW-9 Senior Police Inspector, Namdeo Hari Bagul conducted investigation in parts. PW-10 Assistant Police Inspector, Laxman Bhausaheb Kale registered report. PW-8 Major Vasant Laxman Jadhav of Bomb Squad furnished his opinion on the basis of material submitted to him to the effect that there was explosion of bombs at the spot.