PANDURANG RAMCHANDRA AGRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant aggrieved by his conviction under Section 302 IPC and imprisonment for life, awarded thereunder vide order dated 8-7-1992 passed by the Additional Sessions. Judge, Greater Bombay in Sessions case No. 175/89, has preferred the present appeal.

(2.) THAT the prosecution case in brief as emerging from the recitals contained in the FIR and depositions of the two eye witnesses namely P. W. 2 Mahadeo Janu Jakhal, and PW 11 Jitendra Natvarlal Rawal as under :-The informant Mahadeo Janu Jakhal PW 2, is a resident of 39, Telggulli, Vithalvadi, Bombay. He is alleged to have been carrying on business of jewellery in a shop located on the ground floor of Dhanak Mansion in Telgulli. On 13-9-88, at about 1. 30 p. m. when the informant was in the shop he saw altercation and fighting going on, between the appellant Pandurang Agre and Ramchandra Vairag. It is alleged that the appellant was beating Ramchandra Vairag and suddenly took out a knife from the pocket of his trousers and inflicted one blow with it on the chest of Ramchandra Vairag. It is alleged that after receiving the knife blow, Ramchandra Vairag ran for some distance but, thereafter, fell down. A large crowed gathered at the place of incident. The informant thereafter went to the police station L. T. Nagar and made his FIR at 2. 30 p. m. the same day. The evidence of informant in the Trial Court is that from the place of incident to the police station L. T. Marg is 15 to 20 minutes walk. At the police station, L. T. Marg, a case u/s. 302 IPC was registered against the appellant.

(3.) IT is alleged by the prosecution that immediately after the incident, ASI Laxman Jadhav, PW 8 who was attached to the Colaba police station and was on a wireless van received the message at 1. 10 p. m. from the control room that one person was lying in a wounded condition in Telgulli Vithalwadi, Bombay. Immediately, the ASI Laxman Jadhav proceeded to Telgulli and put the person who was lying at the place of the incident in the van and took him to G. T. Hospital. At the aforesaid Hospital, ASI Laxman Jadhav was informed that the victim was already dead. Investigation of this case was conducted by PI Wagh PW 13. At the Hospital, PI Wagh recorded statement of ASI Laxman Jadhav and verified from the doctor about the death of victim. On being told, that the victim was dead he called two panchas and prepared the inquest report. It is alleged that the same day at about 3 or 3. 30 p. m. the appellant who was sleeping in Mumbadevi garden was arrested. During the investigation, a broken part of the knife which is alleged to have been used during the incident was taken into possession by the prosecution. After taking other steps in investigation, like recording statements of witnesses etc. PI Wagh, PW 13, submitted a charge-sheet against the appellant in the Court of the Metropolitan Magistrate, 28th Court, Esplanade, Bombay.