SANJIV KALIDAS SARKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant-accused was convicted under section 302 of Indian Penal Code and by the impugned judjment and order dated 27/3/2002 was sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs. 1000/- and indefault to suffer rigorous imprisonment for one month. Therefore, this appeal against the order of conviction.

(2.) TWO Police officials had witnessed the offence/murder. of Kalykumar Rarnayya Devendra, (hereinafter "deceased") committed ay the appellant on 27/4/1997, at about 12. 10 hours on the divider an Guru nanak Cross Road between Pushpa Narsi Park and Bailal patel Ground, Juhu Scheme Vile Parle (West), Mumbai. On 27/4/1997 at about 11. 55 hours, a unknown person, informed telephonically, at Juhu Police station, about the quarrel between two persons at the junction of P. M. Road. One Madhadeo Surve, P. S. I. attached to the said police station, P. W. 1, who was on duty as Station House officer along with two police constables including p. W. 2, Vithal Jadhav rushed to the spot in the autorickshaw. As they noticed the crowd at the place, they rushed towards the crowd, where the quarrel was going on. However,before the crowd reached to the accused, the accused hit the deceased, with a cement block on his head. Thereafter the accused started running from the spot. However, he was caught by the p. W. 1 and 2 after chasing him. The deceased was bleeding profusely and was in an unconscious stage. The deceased was thereafter sent to Cooperage Hospital along with Police Constable Bk. No. 2/38/. The accused disclosed his name and also disclosed that there was enmity between him and the deceased. The accused, thereafter, was taken to the Police Station. P. W. 1, lodged the complaint Exh. 6 in Juhu Police Station. The offence at the relevant time was registered under section 307 of Indian Penal Code, which was later on modified under section 302 as the injured succumbed to the injuries. The statement of the injured could not be recorded as he was not in a condition to give the statement as informed by the Doctor on duty. The panchanama was drawn and cement stone, plain soil and blood stained soil from the spot were seized and labelled. The police had drawn inquest panchanama, collected the clothes of the deceased and sent the dead body for the post mortem. The police seized the clothes of the accused under panchanama Exh. 12 in presence of panch witness P. W. 4, Ashok Kumar Tarkant Pande. The accused was sent to the Medical Officer for collecting the blood sample. The clothes of the accused, as well as, of the deceased, earth samples, stone and the blood sample were sent to the Chemical Analyser and obtained the C. A report. The statements of the other persons were also recorded.

(3.) THE trial proceeded as the accused had denied the charges as framed.