LAWS(BOM)-1995-6-18

CHANDRAKANT RAJARAM SHINDE Vs. STATE OF MAHARASHTRA

Decided On June 23, 1995
CHANDRAKANT RAJARAM SHINDE Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) THE accused-appellant was found guilty for committing an offence punishable under section 302 of the Indian Penal Code and was sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/-, in default to undergo further rigorous imprisonment for one year by Additional Sessions Judge, Pune by his judgment and order dated July 6, 1993. Aggrieved against the judgment order he has come up in appeal.

(2.) THE prosecution story, briefly put, is as under. The appellant and deceased Govind Dagadu More were in the employment of Pune University as Security Guards. The appellant resided in Servants quarter bearing No. C-19. The deceased along with his family members were residing in Servants quarter bearing No. C-14. Both of them were habituated to consume liquor together. On December 3, 1992 the deceased had gone to the quarters of the appellant. Both of them consumed liquor in between the night of December 3, 1992 and December 4, 1992. It appeared that there was a quarrel between them. The appellant assaulted the deceased with the liquor bottle. He also caused him injuries with knife (suri) used for cutting onions. The deceased suffered grievous injuries on the head, forehead, hands and stomach. He succumbed to the said injuries. The deceased did not return to his quarters. Enquiries and search were conducted but he was found missing. On December 4, 1992 the dead body of the deceased was found in the quarters of the appellant. The son of the deceased lodged a complaint with Chatushringi Police Station on December 4, 1992 at about 3. 00 p. m. and on the basis of the same P. S. I. Bhandrae recorded First Information Report and registered an offence punishable under section 302 of the Indian Penal Code. He prepared the inquest panchanama. Thereafter the investigation was entrusted to Police Inspector Vishnu Mundhe. He carried out further investigation. He examined 9 witnesses on December 4, 1992. He also prepared spot panchanama. He attached the clothes of the deceased. The appellant was arrested on December 5, 1992. His clothes were also attached under a panchanama in the presence of two panchas. He seized one mattress from the appellants quarter under a seizure panchanama. When the appellant was in police custody he made a voluntary statement that he can get the knife (suri) recovered. P. I. Mundhe recorded memorandum in the presence of the two panchas. The appellant led the police party and the panch witnesses by the police van towards Ladies Hostel situated within the vicinity of Pune University. He took the police party and the panchas near a Vad tree. He took up one knife (suri) which was hidden near the stem of the Vad tree. It was seized under seizure panchanama in the presence of the panchas. He sent all the articles viz. weapon of assault, mattress, piece of bottle, clothes of the appellant and the deceased to the Chemical Analyser for report. The Chemical Analyser sent his report to the police. After completion of the investigation P. I. Mundhe submitted the charge-sheet against the appellant under section 302 of the Indian Penal Code. The defence of the accused was of total denial. He claimed to be tried.

(3.) THE prosecution examined 9 witnesses. P. W. 1, Sanjay Govind More, son of the deceased, is the complainant. P. W. 2, Santosh Maruti Gavali, is a Painter who had gone to the quarters of the appellant for painting on December 4, 1992 at about 12. 30 p. m. He noticed dead body in the quarters of the appellant. P. W. 3, Chandrakant Govind Sawant, was working as Assistant Security Officer in Pune University. While he was on duty he was informed by one Deepak that he found the hands of the appellant burnt. He went to the house of the appellant and found dead body with burnt hands and injuries on the face. P. W. 4, Mahendra Kisan Narke, found the appellant in drunken condition on December 2, 1992. He prepared a fish dish for the appellant at his request. He met him on December 3, 1992 while he was going to wash his clothes. P. W. 5, Gangaram Hode had seen the appellant while going through Khadki Gate of Pune University on bicycle with two bags. P. W. 6, Shaukat Hamid Kazi, is a panch witness on the Memorandum of panchanama and discovery of knife. P. W. 7, Sayyad Abdul Sami, conducted the post mortem examination on the dead body of the deceased and issued post-mortem notes vide Exh. 22. P. W. 8, Ashabai is the sister of the appellant. She did not support the prosecution story and was declared hostile. P. W. 9, Vishnu Krishna Mundhe, is the Police Inspector who carried out the investigation of the case.