VINOD Vs. STATE

JUDGEMENT

(1.) Appellant Vinod Dhore feels aggrieved by judgment and order dated 30.07.2012 passed by Ad hoc Additional Sessions Judge 2, Chandrapur in Sessions Case No. 122 of 2007 the appellant has been convicted for the offence punishable under Section 302 of the Indian Penal Code and has been sentenced to suffer life imprisonment and to pay fine of Rs. five thousand in default to undergo rigorous imprisonment for six months. The appellant was tried for the said offence for allegedly having committed murder of deceased Atish Armulla.

(2.) The appellant was friend of one Shahin and his associates. It is the case of prosecution that there was a prosecution against Mr. Shahin and others. It appears that the deceased was one of the witnesses in the said case. The appellant had sought help of the deceased to save Shahin and others. It is alleged that since the deceased did not assist the said Shahin and others in the said prosecution, the appellant had assaulted the deceased by means of a knife causing serious injury on his abdomen which had resulted into his death.

(3.) The complainant in this case was Sau. Swarupa Domat, sister of deceased Atish. She was staying at Ghuggus with her parents as she had been deserted by her husband about eight months prior to the date of the incident. Her parents were residing at Ram Nagar, Ghuggus. The incident had occurred on 8th May, 2007. The father of the complainant and the deceased was not at home as he had gone to attend his duties. Smt. Laxmibai, mother of the deceased, Mrs. Sangeeta and complainant and deceased Atish himself were present at home. The appellant had visited their house at about 5.00 p. m. He had asked the deceased to accompany him for a stroll. The deceased left home with the appellant. The deceased returned home at about 7.40 p. m. in an injured condition. He had injury on his abdomen. On inquiries, he disclosed to his family members, including both the sisters, that he was assaulted by the appellant by means of a knife because he had not extended help to Mr. Shahin and others in the pending criminal case. The deceased was immediately taken to Dr. Kolhe's Hospital. Dr. Kolhe advised them to take the deceased to Chandrapur Hospital. The deceased was first taken to Ghuggus Police Station. He was being removed to Chandrapur General Hospital in the police vehicle. Unfortunately, he succumbed to his injuries on his way to Chandrapur.