MACCHINDRA NAMDEO DEOKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal takes exception to the convxiction and sentence recorded against the appellant for the commission of an offence of murder punishable under S. 302 of the Indian Penal Code.

(2.) DECEASED Rajendra alias Harischandra Devkate, appellant, Rajendra Sukhadeo Tengal and Sanjay Jaysing Sonavane were all students of Chaturchand Tulajaram College at Baramati in the Pune District. In the month of March, 1988, the College was having its annual examinations. That there would be trouble at the examinations was apprehended and a police posse was deputed to the College to maintain law and order. Appellant, Rajendra Tengal, Sanjay Sonavane and deceased Rajendra had all come to the College on 24-3-1988. There occurred a heated exchange between the appellant and Rajendra. Rajendra died the same day as the result of an incised wound penetrating the epigastric region. The same day the appellant was apprehended.

(3.) THE prosecution case was that appellant with the assistance and in furtherance of a common intention shared by him with Tengal and Sonavane stabbed Rajendra with an intent to kill. This was a premeditated murder. A fortnight or so prior to the occurrence appellant had purchased a knife which he had got honed and which he was carrying with him on 24-3-1988. He was interrogated by P. S. I. Sutar (P. W. 10) and in the presence of the panchas made a statement to the effect that he had concealed a knife at his home and that he would produce the same. This statement was recorded at Ex. 28. In pursuance of the statement, the knife was discovered and attached under Ex. 29.