LAWS(BOM)-2004-2-22

BAJIRAO MARUTI DALE Vs. STATE OF MAHARASHTRA

Decided On February 04, 2004
BAJIRAO MARUTI DALE Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) BEING aggrieved by the judgment and order of conviction and sentence passed on 29-4-1999 by IV Additional Sessions Judge, Sangli in Sess. Case no. 10/97 the appellant named above has preferred this appeal on the grounds mentioned in the memo of appeal and as verbally canvassed by the learned advocate appearing on behalf of the appellant before us.

(2.) WITH the assistance of the learned counsel for the defence and the prosecution we have scrutinized the record and reappreciated the evidence.

(3.) THE prosecution story as emerges from reappreciation of evidence on record stated briefly is that on 3-7-1996 the appellant and the deceased along with their friends Shisal and Namdeo Ishwar Hargunde were drinking liquor in one cycle shop. Some quarrel took place between the appellant and the deceased. The appellant took out a knife and stabbed the deceased. The deceased chased the appellant and Namdeo however due to injuries fell down near the scuttier of one manik Shisal. Thereafter he was shifted to civil hospital. Sangli through a police van by his nephew Dhanaji and police officer arjun Sakunde. At the time of shifting dhanaji, nephew of deceased inquired with him about the incident and the deceased narrated the whole incident. Dying declaration given by the deceased came to be recorded by Sub-Inspector Arjun Sakunde in the Civil Hospital, Sangli. Thereafter the accused was arrested, investigation was conducted and the learned trial Judge came to the conclusion of guilt and convicted the appellant as aforesaid.