BABY MATHEW DSOUZA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) AN order of conviction for an offence of murder punishable under Section 302 of the Indian Penal Code and a sentence of rigorous imprisonment for life is impugned in the present appeal.

(2.) THE incident in question occurred in the early hours of 23rd December, 1990 at about 5. 30 a. m. The place of incident is within the premises of Victoria Automobile Petrol Pump, which is located within the limits of village, Kalam boli, on the western side of the Bombay-Pune High Way, Tal. Panvel, Dist. Raigad. The accused, viz. Baby Mathew DSouza and the deceased A. N. Narayan, both used to be engaged as what is colloquially described as sending driverstt. Whenever the trucks used to arrive from outside the State of Maharashtra, say from the State of Karnataka, or Tamil Nadu, the local drivers of the truck used to engage local drivers for the purpose of driving the trucks from Kalamboli to Bombay proper. This was done as the drivers of other States were not familiar with the local language. They were also not familiar with the local traffic and the place of the destination of the trucks. Such drivers were engaged on payment basis. The accused and the deceased Narayan were such drivers who used to find themselves at the aforestated Victoria Automobile Petrol Pump where long distance trucks used to stop for night halts and for the purpose of engaging sending drivers for driving trucks to their destination in Bombay.

(3.) A day prior to the incident in question i. e. 22nd December, 1990, a hot discussion had ensued between the accused and the deceased Narayan, regarding the charges which the deceased was charging for driving the truck to Bombay. The accused was scolding the deceased for charging unreasonable low charges for offering his services for driving the truck to Bombay.