SHAHAJAHAN ALIAKBAR KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant is sentenced to suffer R.I. for life imprisonment for the offence punishable u/s 302 of the Indian Penal Code and also to suffer R.I. for 2 years for the offence punishable u/s 326 of the Indian Penal Code.

(2.) The incident of assault has taken place near Buckley building on Wodehouse Road, Colaba, Mumbai at about 10.45 pm on 6.12.2006. A group of five friends i.e., Sunil Shendge i.e., the Complainant (PW1), Anod Kahar (injured), Harish Savare (deceased), Ganesh Haldar (PW6), Sabir Ansari (PW7) went to one Gokul Restaurant near Regal Cinema at around 8pm on that day. They drank beer and had food and started proceeding towards their house. At that time, a group of waiters working in Taj Valentan Mwef restaurant situate near Electric house, Colaba including Satish Gupta (PW2) Kamlesh Pathak (PW3), Mangesh Dhuri (PW4), Gopal Girkar (PW5) and one Rakesh Valmiki after their duty, were going towards V.T. Station from Wodehouse road. At that time, a person from one group by mistake pushed one person from the other group, which led to altercations between the persons in the two groups. They started physically fighting with each other and as they were about to separate and disperse, a third person i.e., the accused arrived there with knife in his hand and started stabbing the persons in the group of the complainant at random. He stabbed Harish. He also assaulted PW7 Sabir Ansari and Anod Kahar. Then one person in the group of Harish tried to snatch the knife from the accused. PW7 Sabir was successful in snatching the knife from him. However, he sustained injury to his hand. The other group members went running to Colaba police station and they reported about the scuffle and the assault.

(3.) The offence has taken place on account of sudden fight on the public street. On the point of actual assault, the prosecution has examined 7 witnesses. Out of 7 witnesses, PW1 Sunil, PW6 Ganesh and PW7 Sabir are from one group of friends, who had consumed beer and were proceeding from the restaurant and PW2 Satish, PW3 Kamlesh, PW4 Mangesh and PW5 Gopal are the persons from the other group i.e., of the waiters, who after their work, were returning to their respective homes. All these witnesses have deposed that on the night at around 10.30 pm to 10.45pm on 6.12.2006, when they were proceeding to their respective homes, one member of the other group pushed one of their members and this was the cause of quarrel. The quarrel flared up into physical fight. At that time, a third person arrived at the spot, who was armed with knife. He started assaulting two persons in the group. This is how Harish Savare sustained stab and incise injuries on his chest and abdomen, which resulted his death. All the 7 witnesses have corroborated each other on the point of incident and the reason of the quarrel. All of them have deposed that none of the members of the two groups was carrying any weapon but a third person arrived there, was holding knife. It is stated by PW1 Sunil and PW6 Ganesh that the person, who was assaulting the members of the group was apprehended by PW1 Sunil and Harish. PW1 Sunil has stated that he could snatch the knife from the accused. However, in that scuffle, the accused fell down.