STATE OF MAHARASHTRA Vs. SHANKAR SHIVAJI PHALAKE

JUDGEMENT

(1.) The State of Maharashtra has preferred this appeal against the impugned order of acquittal dated 7th July, 1994, passed by the 4th Additional Sessions Judge, Satara, whereby, accused respondent was acquitted of the offence punishable under section 302 of the Indian Penal Code (for short "ipc").

(2.) On 24th July, 1988, at about 6.30 p. m. , when Chabutai (PW1) was watching television in the room of Phalke Chawl, situated at Satara Road, along with her son Shivaji (PW3) , her brother Ravindra (hereinafter referred to as "the deceased") came shouting that the son of one Phalke beat him in the house of panditbai who was residing in the same locality, PW1 and PW3 and the deceased went together towards the house of the said Panditbai. The deceased started shouting and calling the said Panditbai from the ground floor. In response to that, the accused-Shankar came out of the house of Panditbai. PW1 asked Panditbai about the assault to Ravindra. She denied the said assault and, therefore, the deceased started abusing Panditbai. The accused immediately thereafter, came down on the ground floor and threatened to kill the deceased as he had abused panditbai. He lifted the deceased and threw him on the ground on the stone. The deceased sustained bleeding injuries near the right eyebrow, on the head. The blood was oozing. PW 1, therefore, took the deceased and the accused to the police Station, Satara Road. PW. 3 - Shivaji, PW 6 - Ramchandra and one shankar s/o Jagannath Phalke followed them. The statement of the injured deceased was recorded by the Police Head Constable Kumbhar (PW 7) and N. C. case was registered under sections 323, 504 of Indian Penal Code. The accused shankar was given in custody to the Police. The injured deceased was then taken to the nearby hospital. The doctor was not present there. PW 1 again returned to the Police Station. The victim firstly was brought to the Civil Hospital, Satara, on the same night at about 10. 00 p. m. where he was admitted. The doctor of the civil Hospital, Satara advised to shift the injured deceased to Ruby Hospital, pune, as the brain injury was serious. The deceased was taken to Sassoon hospital and thereafter to Ruby Hospital, but was brought back to Sasson hospital. The deceased succumbed to the head injury on 25th July, 1988, at 7.30 a. m. in Sassoon Hospital, Pune.

(3.) On 27th July, 1988, PSI Ramesh Mohite (PW 8) of Koregaon Police station filed complaint, after receiving the information from Bund Garden Police station about the death of the deceased. Crime No. 88 of 1988 was registered (Exh. 36). The matter was investigated by PW 8. The Panchanama of the scene of offence was recorded by him (Exh. 10). He arrested the accused on 27th July, 1988, at 9. 00 p. m. PW 9 API Kamble in the further investigation recorded some supplementary statements. The last Investigating Officer PSI Kharade submitted the charge-sheet against the accused on 12th September, 1990, under section 302 of the Indian Penal Code. The accused denied the charges and pleaded not guilty. His defence was of total denial and false implication. The prosecution examined 10 witnesses. The defence did not examine any witness.