KASHINATH BABAN PARKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant aggrieved by the judgment and order dated 30-7-1993. passed by the Additional Sessions Judge, Greater Bombay in Sessions Case no. 405/89 convicting and sentencing him to undergo imprisonment of life and to pay a fine of Rs. 1000/- in default of payment of fine, to further undergo 6 months imprisonment, under section 302 IPC, has come up in appeal before us. Along with the appellant, his real brother Balkrishna Baban Palkar was also tried. The learned Trial Judge convicted him under section 201 IPC and instead of sentencing him at once directed that he be released under section 4 of the Probation of Offenders Act, 1958, on his entering into a bond in the sum of Rs. 5000/- with one surety to appear and receive sentence when called for during the next three years and in the meantime, to keep peace and be of good behaviour. He however, has not chosen to file any appeal.

(2.) THE prosecution case in brief is it emerges from the recitals contained in the FIR lodged by Usman Kutty P. W. 1 and from the statements of two eye witnesses namely Jayshree P. W. 5 and her daughter Jaymala (Jyoti) P. W. 8 runs as follows: The appellant was the landlord of Jayshree P. W. 5. He had damaged her residential premises. He had asked her to vacate the house and take away her belongings but, she did not accede to his request. The appellant had a feeling that the deceased Anil Ganpat Pandit was supporting Jayshree P. W. 5. Consequently, he bore grudge against Anil. Jayshrees husband had lodged a complaint at Andheri Police Station and pursuant to it, co-accused Balkrishna, brother of the appellant, was arrested. On 12-12-1988, at about 3 p. m. Jayshree returned to her house after doing the job of washing clothes and cleaning utensils in some houses. She found that the appellant was in search of her husband and the deceased Anil Pandit. The appellant saw Anil in the house of Ganpat Pandit and threatened to kill him. He returned to his house and brought a knife. In the meantime, Anil came out of his house for washing his mouth. The appellant caught hold of the collar of his shirt by one hand and from the other hand, in which he was holding a knife, gave knife blows to Anil. He is also alleged to have dragged him towards the latrine. The deceased Anil shouted for Balkrishna, the brother of appellant. Balkrishna came and followed Anil and appellant. Thereafter, Jaymala saw Balkrishna returning followed by appellant. While returning, the appellant showed her a weapon and brandishing it towards her told her Tin the evening, it would be turn of her husband. Thereafter, Jaymala saw Anil lying out side Usman Kutty's P. W. TIT5 shop in a pool of blood.

(3.) AT about 4. 30 p. m. Usman Kutty P. W. 1 noticed in front of his grocery shop, situated at Jai Bajrang Chawl, Mograppada, Andheri (East) that Anil was lying in a pool of blood, with stab injuries on his person. Accordingly, he immediately informed one Badshah Baba about the incident. Both he and Badshah Baba tried to remove Anil to hospital for treatment but noticed that he was already dead. Thereupon, Usman Kutty informed police station Andheri (East ). After sometime, police from police station, Andheri rushed on the spot. Police called one Dr. Suryanath Dubey P. W. 9 who pronounced Anil to be dead. The police took charge of the dead body of Anil under a panchanama.