KASHINATH TUKARAM JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Can a statement made by a person who is dead as respects the circumstances resulting in the death of another and his own be a relevant fact in proceedings in which the cause of death of that another comes into question ?

(2.) Khanna, Taya @ Nana and Kashya were neighbours, Khanna and Kashya staying in Group No. 7 and Nana in the adjoining Group No. 6 of Tagore Nagar, Vikhroli, Bombay. Tagore Nagar is a group of chawls located westwards of a 24 feet wide Ramakant Deshmukh Road under the jurisdiction of Vikhroli Police Station. A 18 tar road bisects the Nagar with chawls Nos. 65 and 57 on its south and chawls Nos. 66 and 58 towards north. A flour mill on the road caters to the need of the residents. Near the open space to the north is situated the cemetery.

(3.) On 30th July, 1978 at about 1 p.m., P.W. 3 - Gautam who works in Vikhroli Cemetery, was proceeding towards the cemetery-place of his work as usual. He found the trio Khanna, Nana and Kashya talking in agitated moods near the flour mill. Suddenly, Kashya pulled a knife from his trousers pocket and stabbed Khanna on the chest. As Tatya tried to intervene, Kashya also hit him with the knife. Seeing this turn of event Gautam caught fright and proceeded straight to his place of work.