KOMARANAND PAPPYA HARIJAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In Sessions Case No. 733 of 1996, the additional Sessions Judas. Greater Bombay, by is judament and order dated 27th March, 2000 convicted the appellants-accused nos. 1 ai 2for havina committed murder of one Paramshshivam subrayan Harijan on 13th March, 1996 infront of one 'tadi' shop no. 3 at Sambhaji Nagar Zooadpatti vile Parle (E) , Mumbai by inflicting injuries on the person of said Paramshivam Harijan with knife (Sura) article no. 1 and. convicced them for having committed an offence under Section 302 read with section 34 of IPC and each of them was senpenced to suffer life imprisonment and to pay a fine of rs. 5,000/- in default to suffer R. I. for a period of six months. It is this judament and order of conviction and sentence which is a matter of challenae in this appeal.

(2.) In nutshell, it is the case of the prosecution that on 13th March, 1996 at about 15.45 hours, the appellant-accused no,1 Kuttan Veermuttu Harijan and appellant-accused no. 2 Komoranand Papyya harijan in furtherance of their common intention committed murder of the Pararnshivam Harijan. On 13th March, 1996 the victim i. e. Pararoshivam harijan and the witnesses who were the resident of santosh Naqar Hutment area, had gone to the temple of Godess "mariamma" at Hanuman Road, Vile Parle, mumbai as there was a special Pooja of Godess "mariamma". The deceased Paramshivam Hariian was accompanied by P. w. 3 Mr. Nalatambi Tuleswami harijan and P. W. 4 Mr. Kumar Arumuqam Arjun. Accordina to. the prosecution, the appellants-accused nos. 1 and 2 and others also had come for the Pooja It so happened at about 2. 00 p. m. when the complainant aionqwith deceased paramshivam and P. W. 3 Mr. Naiatambi and P. w. 4 mr. Kumar went to Tadi shop as the deceased paramshivam Harijan had suqqested that thev will have one bottle each of Tadi instead of tee At that very time, two other accused persons viz. Pattapuiari and Balmurugan had also come to the shop and they were having Tadi A quarrel took place between the deceased Paramshivam and appllant-accused no. 1 Kuttan in which the appellant-accused no. 1 Kuttan had caught hold of the collar of the shirt of the deceased and pulled him out of the Tadi shop and appellant-accused no. 2 and Complainant followed them. On coming cut of the 'tadi' shop, the appellant-accused no. 1 is alleaed to have caught hold of the neck of the deceased Paramshivam from backside and the appellant-accused no. 2 Komaranand took out a knife from his waist and gave blow on the left thigh of the deceased Paramshivam and another blow on the left side of his chest and thereafter, they run away towards highway. The victim Paramshivam on beinq inflicted with the injuries, pressed his chest wounds by his hands and ran towards highway and fell on the around near the temple and the highway. The witnesses P. W. 3 Mr. Nalataaoi harijan, P. W. 4 Mr. Kumar Arjun and P. . 5 mr. Murugesh Harijan followed them. P. w. 2 survanand Harijan tried to intervene in the quarrel. But by that, time, the appellants-accused had already fled away from the scene of offerce after inflicting knife blows. Therefore, P. w. 2 survanand Harijan, P. W. 3 Nalatambi Harijari, and p.-W. A- Mr, Kumar Arjun lifted ir. jured Paramshivam harijan and took him to Cooper hospital in a. Taxi. On reach ing Cooper Hospital. Medical Officer dr. Sangle, who examined the injured, declared that the injured was dead.

(3.) It appears that the police not the information of the Incident and they reached on the soot. On the spot, they made enauiri. es and found that injured person has been removed to Cooper hospital. So the police visited Cooper Hospital and made enguiries from the persons accomoanying victim. They prepared the inquest panchnama (Exhibit-12-A) and scene of offence panchnama (Exhibit-12-C) and recorded statements of witnesses. The police was able to arrest the appellant-accused no. 1 Kuttan on 13th March, 1995 itself in the night. The dead body of deceases paramshivam was dispatched for post-mortes examina. tion. On the next day i. e. on 14th March 1996, the appellant-accused no. 2 Komaranana surrendered at police Station. During the course of investigation, the police recovered clothes or the deceased Paramshivam. After the arrest of the appellant-accused no. 2 Komarnand, they were able to recover the knife-article no. 1 (Sura) at his instance 'and so also his clothes. Thereafter, the police sent articles seized to the Forensic laboratory during the investigation. Afte completing the investiaation, police filer charge-sheet in the Court of Metroaolite maqlstrate who committed the case for trial before the Court of Sessions at Greater Bombay.