ATMARAM SITARAM DHULAP Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) AN order of conviction, passed on the 19th of October, 1977, by the Additional Sessions Judge, Greater Bombay, in Sessions Case No. 419 of 1976, is impugned in the present appeal. The appeal was originally filed by both the accused who are convicted at the trial. Pending the appeal, accused No. 2 died. The appeal, therefore, has abated as far as he is concerned. The appeal is how prosecuted by accused No. 1 alone. By the impugned order, the accused are convicted under Section 325 of the Indian Penal Code and are sentence to suffer rigorous imprisonment for three years.

(2.) AT the trial, the two accused were charged under Section 302 and Section 302 read with Section 34 of the Indian Penal Code for having, on the 24th of June, 1976, at about 4. 00 p. m. in Vikas Mandai Hutment at Sewree Cross Road, Wadala, caused the murder of Ganpat Raghunath Naman. The facts of the case are short. The deceased Naman and both the accused were on friendly terms. In the morning of the day of the incident all the three had consumed alcohol. They were all heavily drunk. In the afternoon the deceased Ganpat went to the hut of his sister P. W. 1 whom Laxmibai with when he was putting up. After taking meals he was lying in the passage outside the hut of Laxmibai by the side of the door of her hut. At about 4. 00 p. m. both the accused appeared and dragged Ganpat through the passage lying between the hut of Laxmibai and that of the accused. They carried him to an open ground and hurled him on the ground, as a result of which Ganpat became unconscious. It is the case of the prosecution that, at the material time, the accused had inflicted fist blows on Ganpat. The incident was partially witnessed by P. W. 3 Sunita and P. W. 4 Sitabai, who are residents in the close vicinity. It was witness by P. W. 1 Laxmibai also. After Ganpat fell down and nobody bothered to render assistance. He kept lying there till about 7. 00 p. m. when Vinayak, a brother of Ganpat, returned from his work. He arranged to remove Ganpat to the K. E. M. hospital.

(3.) ON admission at the hospital, Ganpat was examined by P. W. 5 Dr. Ajgaonkar. A constable on duty at the hospital made a phone call to the Bhoiwada Police Station and informed of the admission of Ganpat to the hospital. P. W. 7 Kashinath Patil, A Sub-Inspector attached to the Bhoiwada Police Station, on receipt of the information, reached the hospital at about 9. 30 p. m. He recorded the complaint of Ganpat (Exhibit 15 ). Sub-Inspector Patil traced and arrested the accused at about 2. 00 p. m. on the next day i. e. 25th of June, 1976. S. I. Patil, thereafter, recorded the statements of Laxmibai, Sitabai, Sunita and one Parshuram Narayan, who are witnesses to the incident in question. Ganpat expired on the next day of the incident at about 6. 30 p. m. His complaint (Exhibit 15) was, thereafter, treated as a dying declaration.