DEEPAK DNYANESHWAR NAVGIRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an Appeal filed by the appellant-accused No. 2 and challenged the order of the Additional Sessions Judge, Greater Bombay, dated 13th january, 2000, in Sessions Case No. 1283 of 1996, whereby, he has been held guilty and convicted under Section 302, 394 read with 34 of the indian Penal Code and sentenced to suffer rigorous imprisonment for life. He has also been convicted under Section 397 of the IPC. He has also been directed to pay fine of Rs. 10,000/- and, in default, to undergo further rigorous imprisonment for one year. Therefore, this Appeal against the order of conviction.

(2.) ONE Anil S. Chaudhari was murdered by the accused on 29th July, 1997, at about 3. 50 a. m. on Platform No. 1 of Mumbai Central Local railway Station, by means of gupti and choppers. The accused, along with other absconding accused, was also charged for having committed robbery by using deadly weapons viz. Gupti and choppers and robbed the complainant, Vilas Hari Bansode, of his wrist watch and cash of Rs,340/ -. On 29th July, 1997, the deceased Anil, along with PW1 and PW2 was sleeping on Platform. No. 1 and at about 2. 30 a. m. , as alleged, two people came and tried to search, the person of PW2. However, they left the place immediately. After some time, all the accused gathered at the spot of occurrence. They were armed with gupti and choppers. They threatened pw2 and robbed the valuables, including the wrist watch and cash of rs. 340/ -. PW1 was also searched for valuables, but nothing was found on his person. Out of these four, accused No. 1 with the gupti went near Anil choudhari and put the gupti near the abdomen and was trying to wake up anil Chaudhari. The accused No. 1, in this process, pressed the gupti in the abdomen of the deceased Anil Chaudhari. After realising this, all these four accused, who were armed with gupti and choppers, fled away from the scene. PW1 - Vijay and PW2 - Vilas, therefore, approached the nearby office and called a constable from the Railway Police and the said injured was taken to Nair Hospital on a stretcher. However, he was declared dead before admission into the Hospital. The Police, therefore, recorded the statement of PW2 and FIR was registered accordingly. The statement of pw1 - Vijay Ganpat Narvekar was also recorded. The accused No. 1 was arrested on the same day. The appellant-accused No. 2 was arrested, under a Transfer Warrant and brought from Delhi Police custody on 3rd October, 1996. After completion of the investigation and receipt of the Chemical analyzer's Report, both the accused were charge sheeted. The prosecution has led the evidence of 6 witnesses. The accused denied the charges, but have not examined any witnesses in support of their case.

(3.) THE learned Sessions Judge, after considering the material, convicted the appellant. We have heard the counsel appearing for the appellant and the A. P. P. for the State. We have noted the grounds of appeal as raised, as well as, the submissions, made by the Advocates appearing for the parties. We have gone through the respective testimony, as well as, the record.