RAKESH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this Appeal, judgment and order of the learned Additional Sessions Judge, Nashik, in Sessions Case No.206 of 2012, is the subject matter of challenge. The Appellant was found guilty of offences punishable under Ss. 302 and 323 r/w Sec. 34 of the Indian Penal Code, 1860 (for short, 'IPC'). He was sentenced to undergo imprisonment for life and a fine of Rs.500.00 and rigorous imprisonment for one year and a fine of Rs.1,000.00, with default stipulations, respectively. The co-accused, namely, Imran alias Balya Aslam Khan was, however, acquitted of the offence punishable under Sec. 302 IPC. He was convicted for the offence punishable under Ss. 323 r/w 34 of the Penal Code.

(2.) Prosecution case, in a nutshell, is as follows : On 28/6/2012, in the evening, there was a marriage function, and the order for a marriage dinner was placed with the first informant and his brother, Raju Singh. The Appellant and co-accused Imran had engaged there on daily wages as the waiters. They had come there by consuming liquor and started causing a nuisance to the servers. The brother of the complainant Raju Singh tried to pursue them. At about 10 p.m., after the dinner was over at the marriage party, the waiters were taking the feed. The Appellant and the co-accused again started causing a nuisance. At that time, Raju Singh had tried to pursue them, but they were not listening to Raju Singh. At about 11.30 p.m., Raju Singh asked them to leave the premises. Both the Accused then had gone from that place. However, they called Raju Singh to come outside the premises. When the deceased had been to the Appellant and the co-accused Imran, they raised quarrels with him. The first informant had reached on the spot to intervene, but the Appellant had taken out the knife and attempted to give a blow of knife on his chest. The first informant, Bhavar Singh, had managed to catch hold the hands of the Appellant. He, however, sustained a cutting injury to his hand. It is also the case of the prosecution that co-accused Imran had caught hold neck of the first informant and made him fall to the ground. The Appellant then attacked Raju Singh. He gave a knife blow to his chest. Due to this, Raju Singh received an injury and collapsed on the ground. People gathered on the spot and caught hold of Rakesh. However, the co-accused Imran succeeded in running away from the site. Raju Singh was removed to the hospital but he succumbed to the injuries before admission.

(3.) At about 1.10 a.m. on 29/6/2021, the first informant Bhavar Singh (PW 1) went to Nashik Road Police Station and lodged the FIR (Exhibit 21). Accordingly, crime vide C.R.No.170 of 2012 was registered for the offence punishable under Ss. 302, 323, 504 r/w Sec. 34 of the IPC. The investigation commenced thereon. The police visited the scene of the crime and drew Panchnama in the presence of public witnesses. While drawing Panchnama police seized plain earth and earth mixed with blood, and the knife with blood stains. The police arrested the co-accused, Imran. Inquest on the dead body of the deceased was held. The post-mortem examination of the deceased was conducted. The police interrogated the witnesses and recorded their statements. The Appellant, Rakesh, was also admitted to the hospital. After his discharge, he was arrested.