SANJAY RAMCHANDRA TARARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant/accused Sanjay Ramchandra Tarare, preferred this appeal under Section 374 (2) of Criminal Procedure Code, challenging the impugned judgement and order passed by the Additional Sessions Judge, Nagpur, in Sessions Case No. 746/90, convicting him for the offence punishable under Section 302 I. P. C. and sentencing him to suffer imprisonment for life.

(2.) THE facts in brief are succinctly summarised as under : the appellant Sanjay was running a hotel near Kamal Talkies Chowk, Nagpur, named as "new Sauoji Bhojnalaya" as also running a Tea Stall in the same premises. In front of his hotel, at a distance of about 60 towards north near the electric Pole No. N/108-A, the deceased Manoj son of Damaji Gajbhiye had a eggs stall on hand-cart. Between the two, there is a North-South tar road measuring, 12 in width. This position is shown in exh. 16-the spot Panchnama recorded by Police on 3rd September, 1990. Deepak s/o Pralhad Dembe had a fodder shop named "prakash Katiya Bhandar". The fodder shop was 10 away from the eggs stall. According to the prosecution, deceased Manoj had started his eggs stall since two days before the alleged incident which took place on 2nd September, 1990 at about 7 P. M. Chandramani (P. W. 4) a young boy of 12 to 13 years, was working with deceased Manoj at the eggs stall on daily wages of Rs. 5/- to Rs. 10/ -.

(3.) ON 2-9-1990 at about 7 P. M. , while deceased Manoj and Chandramani were at the eggs stall as usual, the accused had come to the stall and asked for omelet. Omelet was prepared and served. He consumed the same. Deceased Manoj demanded money. The accused refused to pay. Consequently, altercation ensued between the accused and the deceased. During the altercation, the accused asked Manoj that he should not put his eggs stall there. The accused took out the knife from his waist and dealt blows on the chest and abdomen of the deceased. Deceased Manoj tried to run away but after crossing few paces, he fell on the ground. The accused ran away. Mahendra son of Domaji (P. W. 1) elder brother of deceased Manoj, who witnesses the incident, immediately rushed to his brother, put him in the rickshaw and took him to Panchpaoli Police Station. The condition of injured Manoj being serious, without wasting time, he was removed to Mayo Hospital. Mahendra (P. W. 1) returned back to Panchpaoli Police Station, Nagpur, and lodged report exh. 39. On prescribed form it is at exh. 66. Police registered an offence punishable under Section 326 of the Indian Penal Code against the accused vide Crime No. 477 of 1990.