YALAMALA KALIYA CHINNAPPA NAIDU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this appeal, the appellants have challenged the judgment and order dated 5-8-1997 passed by the Additional Sessions Judge, greater Mumbai in Sessions Case No. 625/1994, under which the appellants (original accused Nos. 1 to 3) came to be convicted for having committed offence punishable under section 302 r. w. 34 of I. P. C. and they were sen tenced to suffer imprisonment for life. These appellants-accused were tried alongwith one Mangesh Dharmaji Koli (original accused No. 4) and they were also charged for having committed offences under sections 120-B, 506 r. w. 34 of I. P. C. . The learned Trial Court found that the prosecution has failed to prove its case against Mangesh Koli (original accused No. 4) and acquitted him of all charges, as a result the appellants accused also came to be acquit-ted of the offences punishable under section 120-B, 506 r/w. 34 of I. P. C. .

(2.) IN nutshell, it is the prosecution case that the appellants-accused alongwith Mangesh conspired to commit murder of one Vasant Umbare who was in love with Parvati Mudliyar, the aunt of Mangesh (mother's sister) who wanted to marry him. This was strongly opposed by Mangesh. There was an attempt on the part of family members of Vasant Umbare and that of Parvati mudliyar for reconciliation so that the marriage could be performed as they were in love each other since last few years but it failed. The parties at the relevant time were residing at hutment area popularly known as Sundarnagri. Colobawadi near Lala Nigam Road, Colaba, Mumbai.

(3.) ACCORDING to the prosecution, on the day of the incident i. e. on 24-11-1993 between 7. 20 a. m. to 7. 45 a. m. the victim Vasant Tukaram Umbare was assaulted in front of Ashok Tailoring Shop by the appellants accused who were armed with sharp edged weapons because of which he suffered multiple injuries which were severely bleeding and the victim fell down in the shop of ashok Tailoring shop. The attention of the witness Suresh Dhakne (P. W. 3), was drawn to the incident as one young girl Gayatri, daughter of Bhagwan who was playing on the road noticed the assault and raised alarm by shouting that Vasant was being assaulted. When Suresh Dhakne came out of the hut on hearing shouts he saw the appellants accused armed with sharp edged weapons like gupti, knife and chopper stained with blood and they ran away from the place of incident by calling Mangesh to run away from the spot as the work is completed and that is how all the assailants alongwith Mangesh ran away from the spot. Suresh Dhakne (P. W. 3) alongwith Bhagwan Mudliyar rushed to the Colaba Police Station where they informed the police about the assault on Vasant Umbare. Pursuant to which, the police wireless mobile van reached the spot and the injured was lifted and was taken in the police van to st. George Hospital where he was declared dead. P. S. I. Shambahadur Singh lodged First Information Report. On the basis of his report Colaba Police Station registered Crime No. 406/96 against unknown persons for having committed murder of Vasant Tukaram Umbare for having committed offence under section 302 r. w. 34 of I. P. C. .