SUBRAMANI MANDAR KONAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By the present appeal, the appellants have challenged the judgment and order delivered on 29th August, 2005 by Addl.Sessions Judge, Brihan-Mumbai in Sessions Case No.716 of 2002 convicting them for in furtherance of their common intention of committing murder of Mayadi Sohaiya Konar (hereinafter referred as "deceased"). By the said judgment each of them was sentenced to suffer S imprisonment for life and to pay fine of Rs.1,000/- and in default of payment of fine to suffer R.I. for one month. The said prosecution has arisen out of charge sheet filed by P.W.9 PI Mr.Desai of Parksite police station as a result of investigation of C.R.No.28 of 2002 registered upon First Information Exhibit-8 lodged by rikshaw driver at the said police station on 21st February, 2002 at 9.45 hours regarding incident occurred on same date at 9.30 am.

(2.) According to the prosecution P.W.4 Pechiamma and P.W.5 S.Puludyar had photographed their daughter P.W.6 Shivlaxmi about four months prior to occurrence of the incident. The appellant no.1 had painted house of P.W.4 and P.W.5 at Bhandup (W), Mumbai. Since then the photograph of P.W.6 was missing from said house. P.W.4 and P.W.5 doubted of appellant no.1 having taken away photograph of P.W.6. The deceased Mayadi, son of brother of P.W.4, residing near the house of P.W.4 was working in office of courier service at Borivali. He often used to visit house of P.W.4. P.W.5 asked the appellant no.1 for photograph of P.W.6 from, however, he refused and thereon quarrel had ensued in between appellant no.1 and P.W.5 and appellant had then beaten P.W.5.

(3.) The deceased after knowing about said quarrel has asked appellant no.1 about the assault upon P.W.5 and thereon appellant no.1 had assaulted the deceased. P.W.6 was then attending the school and appellant no.1 used to chase her while going to the school. P.W.6 appraised the same to deceased and thereon the deceased questioned appellant and persuaded him not to follow P.W.6.