SACHIN RAMCHANDRA ARWADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant /original accused has preferred this Appeal against the judgment and order dated 29th March 2012 passed by the Learned Additional Sessions Judge, Greater Mumbai at Sewree in Sessions Case No.284 of 2011. By the said judgment and order the Learned Sessions Judge convicted the Appellant under Section 302 of the Indian Penal Code and sentenced him to suffer imprisonment for life.

(2.) The prosecution case briefly stated is as under : Deceased Kunal, P.W.1 Vijay Gupta, P.W.3 Rahul Patil, Bala, Ramesh and the Appellant were labourers. They used to work wherever they got work during the day. In the evening, they used to sleep on the footpath near the bridge at Khadaparsi Chowk, Byculla. This place is near the Fire Brigade Office. They all used to consume liquor and eat food together almost all the time. On 4th December 2010, when they were sleeping, P.W.1 Vijay heard a sound of big stone falling and he along with others woke up. They saw Kunal lying on the footpath, and blood was coming out from his mouth. One big stone was lying near the head of Kunal. Bala had also sustained injuries. The Appellant was standing near the feet of Kunal and abusing him in filthy language. One fire brigade watchman came there shouting. At that time the Appellant threatened all the witnesses with knife and ran away towards station side. Kunal died on the spot. Another labourer Bala also sustained injury to his head as he was sleeping near Kunal. According to the prosecution, the cause for the Appellant assaulting Kunal was that Kunal used to tease the Appellant, due to this there was a quarrel between the Appellant and Kunal. P.W.1 Vijay then went to the police station and filed FIR. Thereafter investigation commenced. Police came to the spot and prepared spot Panchanama, inquest Panchanama, seized a big stone from the spot and sent the dead body for postmortem. The postmortem report which is at Exhibit 13 shows that Kunal died due to head injury and it was an instantaneous death. The Appellant came to be arrested. After completion of investigation charge-sheet came to be filed.

(3.) Charge came to be framed against the Appellant under Section 302 of the Indian Penal Code. The Appellant pleaded not guilty to the said charge and claimed to be tried. His defence is that of total denial and false implication. After going through the evidence adduced in this case, the Learned Sessions Judge convicted and sentenced the Appellant as stated in paragraph 1 above. Hence, this Appeal.