TUKARAM MARUTI NIRMAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal arises out of conviction of the appellant - accused No. 1 in Sessions Case No. 361 of 1984 for the offence punishable under section 302 of the Indian Penal Code before the Additional Sessions Judge, Greater Bombay.

(2.) FACTS which led to the prosecution of the appellant are as under:- Deceased Indrajeet Jaiswal was residing at Kalachowky, Mumbai where all the accused too reside. The deceased was in transport business. On 7/1/1984, accused No. 3 Prakash had filed complaint against Indrajeet for assault and Indrajeet was arrested and, possibly, later bailed out. On 26/1/1984, Indrajeet was leaving for his work at about 6. 25 p. m. and hailed a taxi. Accused No. 3 - Pakya (Prakash) removed the ignition key and the other three accused surrounded the taxi. Fearing threat to his life, Indrajeet alighted from the taxi and ran towards his house. All the four accused gave a chase and on the second floor of their residential building caught up with the victim. Accused No. 1 - Tukaram gave blows by knife when the other three had held the victim. They dragged the victim to the ground floor where accused No. 1 Tukya (Tukaram) again hit him with knife. Accused No. 3 assaulted the victim with stone. Accused Kishore and Ramya (Ramakant) baring knives had pinned down the victim. The victim was shifted to K. E. M. Hospital by Sudhir Kamble and Prakash Shirke and the police were informed. Police registered an offence on report of Sudhir and also recorded statement of the victim. The victim, however, succumbed to his injuries on 28/1/1984.

(3.) IN course of investigation, police caused inquest to be performed on the dead body, sent it for post-mortem examination, recorded statements of witnesses, seized incriminating articles, sent them to the Forensic Science Laboratory and, on completion of investigation, chargesheeted all the accused.