RAMESH BHAYAL GAVIT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By the present appeal the appellant-sole accused in the Sessions Case No. 261 of 2005 has challenged the judgment and Order dated 25th November, 2005 passed by the Additional Sessions Judge, Greater Bombay convicting him for commission of offence punishable under Section 302 of Indian Penal Code and sentencing him to suffer life imprisonment and to pay fine of Rs. 1,000/-and in default to suffer R.I for one year. At the said trial the appellant was charged for committing murder of one Anil Gavit on 6th December, 2004 at about 2.00 a.m., on the footpath of Shell Colony. Chembur, Mumbai by hitting him with a stone on the head and thereby causing injuries to him resulting in death of the said person on 10th December, 2004. The said prosecution has emerged out of the charge-sheet submitted by Nehru Nagar Police Station as a result of investigation of FIR No. 319/2004 dated 6th December, 2004 lodged by Suresh Rupjibhai Patel (PW-1).

(2.) According to the prosecution, PW-1, Suresh Rupjibhai Patel was original resident of Village Faldara, Tal, and Dist. Balsad, State Gujarat and was doing the work of laying pipeline with the Municipal Contractor PW-4, Jaisinghbhai Yadubhai Gavit of his village. In all 24 labourers were working with PW-4 and out of them the appellant-Ramesh Bhayal Gavit and one Govind was doing the work of cooking and the other labourers were working on the site. At the time of the incident the work was in progress at Govandi. After the work for the day was over all of them were residing in a temporary shed erected on a footpath in front of a Nala at Sahakar Nagar.

(3.) According to the prosecution on 5th December. 2004 by 20.00 to 21.00 hrs, all of them after having meal from the appellant and Govind in shed were sleeping on road nearby the footpath. PW-1, Suresh Patel, Govind and Hamesh Bhoya were sleeping in one mosquito net. while deceased Anil and PW-2, Janabhai V. Gavit (Jaanu) were sleeping in another mosquito net. The other labourers were also sleeping in same line beside them. The deceased along with PW-2 was sleeping at the last, towards the side of Tilak Nagar Railway Station. In the midnight there occurred a commotion at said place at 2.00 hrs. on 6th December. 2004 and Hamesh Bhoya worked PW-1. PW-1. Hamesh and Govind went to the place at which the deceased was sleeping to find out the happening. They found that the face of Anil was smeared with blood indicating that somebody had assaulted him. The blood was also spread off the bed and Anil was not in a position to speak. Contractor, PW-4 called the watchman Shiva and asked him to bring the taxi. Shiva working as a day duty watchman was then sleeping. He woke up and brought the taxi. PW-4, Shiva. PW-2 and Laxman Patel went away by telling that they were taking deceased to Sion Hospital. PW-1 and Hamesh followed them to the Sion Hospital.