RAJESH ANANTRAM THAKUR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) WHEN the appeal was placed for admission before me, I found it necessary to call for the record and proceedings and after perusing the same I am of the view that the appeal can be disposed of at this stage itself and need not be kept pending for years. Accordingly I have admitted the appeal. The learned Prosecutor waived notice and by consent the appeal was taken on board and is finally heard. The appellant is also present.

(2.) THIS appeal is directed against the judgment and order passed by the learned 8th Additional Sessions Judge, Thane on 29th June, 1992 convicting the appellant for the offence punishable under section 304 Part-II of the Indian Penal Code for which he has been sentenced to suffer rigorous imprisonment for five years.

(3.) THE incident occurred in somewhat unfortunate circumstances. The appellant is a student and is presently reading for M. Com. examination. At the time of the incident he was a school going boy. Deceased Jaswant Singh Jogendra Singh Ramgadiah as well as the appellant were residents of Camp No. 3, Ulhasnagar. Both of them were working as labourers in the workshop of one Manvirsingh. The houses of both the parties were located in the vicinity of the workshop. They were knowing each other. On 10-4-1988 at about 1 Oclock in the afternoon the workers of the workshop of Manvirsingh known as Savindra Engineering Works had their lunch break. Manvirsingh, the owner of the workshop, had permitted the workers to get cooled water or ice from his house during the lunch break. On the aforesaid day appellants brother Rocky went into the house of Manvirsingh and brought out ice from the refrigerator. However, the deceased Jaswant Singh threatened Rocky and asked him as to why and by whose permission he took the ice from Manvirsinghs house. It may be mentioned that Jaswant Singh was brother-in-law of Manvirsingh, the cousin sister of Jaswant Singh having been married to him. Rocky went to the house of the accused and informed him about the behaviour of Jaswant Singh with him. According to the prosecution when Jaswant Singh questioned Rocky as to how he was taking the ice from the house, Rocky had said that he was doing so at the instance of the appellant. It was alleged that Jaswant Singh had said to Rocky thereupon as to whether the appellant was the minister of that place. When this was conveyed to the appellant by Rocky he was infuriated and came out of his house. He went to Jaswant Singh and put a counter question to him as to whether he was the minister of the place. That led to a quarrel between them. Both of them grappled each other and gave fist and kick blows to each other. During that scuffle Jaswant Singh fell down on the ground. It was alleged that even thereafter appellant continued to give kick and fist blows to him on various parts of his body. Jaswant Singh complained of pain in his stomach and was carried to his house by his younger brother Baldev Singh and thereafter to central hospital, Ulhasnagar where he was treated. However, he died on the same night in the hospital. On the following day complaint was lodged at the Vitthalwadi Police Station by Jogendrasingh father of the deceased Jaswant Singh. Offence was registered against the appellant under section 302 I. P. Code and he was arrested. After completing the investigation the chargesheet was filed against him on 27-5-1988 and the case was committed to the Court of Session, Thane.