KISHOR SINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant, original accused 2 (for short, "a-2") was tried along with four others (for short "a-1', "a 3", "a-4" and "a-5" respectively) for offence punishable under section 120-B Of the Indian penal Code (for short, "the Code") in sessions Case No-359 of 1998, A-1, A-2, A-3 and A-4 were also charged, under section 302 read With section; 34 of the Code. The learned Additional Sessions Judge, Greater bombay, by the impugned judgment and order dated 9/4/1999 acquitted all the accused of the offence punishable under section 120-B of the Code. He acquitted A-1, A-3 and A-4 of the offence under section 302 read with section 34 of the Code. He convicted a-2 for the offence punishable under section 302 read with section 34 of the Code and sentenced him to suffer rigorous imprisonment for life arid also to pay a fine of rs. 1,000/- and in default, to suffer rigorous imprisonment for one month. Being aggrieved by this judgment and order, A-2 has preferred the instant appeal.

(2.) IT would be advantageous to give the gist of the facts : PW-1 Vasant Bhosale is the Police Nayak, who Was at the relevant time, attached to Pant Nagar Police Station. According to him, on 11-12-1997, he was on night duty. He reached Pant Nagar Police station at 7. 00 p. m. He was posted at kamral Nagar Chowky. At about 10. 45 p. m. one Devendra Bhurjiwala came and informed that one Ganpat was being assaulted by 3-4 persons near the dispensary of Dr. Kulkarni and he was lying there in a pool of blood. He went to the scene of offence with the said Devendra Bhurjiwala in a rickshaw. He found one person lying in an injured condition in a pool of blood. The wife of the injured by name Kavita and his mother krishnabai were crying and saving that A-2 and his associates had attacked the injuredr with the help of Narayan Shetty and Ganesh he removed the injured to Rajawadi Hospital. The mother of the injured and Narayan shetty sat in the rikshaw. Before leaving the spot he informed PW-9 PSI Bhosale, who was at Pant Nagar Police Station, on phone, about the said incident. PW-9 PSI Bhosale made station diary entry (Ex. P32a ). At the rajawadi Hospital the doctor declared, the injured dead. When PSI Bhosale reached the hospital. PW-1 Vasant Bhosale narrated the incident to him. PW-9 PSI Bhosale recprdea his statement. According to pw-1 vasant bhosale, the wife of the deceased had told him that the deceased was assaulted with sharp edged weapons like knives and choppers by A-2 and his associates. According to the prosecution on the basis of the statement of PW-1 Vasant Bhosale which is at ex-P-12 the iiivesugauon started. The statment of witnesses came to be fecofded. Postmortem was done on the deceased, There were 52 external injuries on the person of the Deceased and the cause of death Was haemorrhage and shock due to multiple incised stab wounds and incised Bounds by sharp edged weapons- (Unnatural) After completion of the investigation, the accused came to be charged as aforesaid.

(3.) THE prosecution examined, in all 12 witnesses. The star witnesses of the prosecution are PW-2 Kavita the wife of the deceased and FW-3 Krishnabai; the mother of the deceased. PW-8 Dr. Ashokshinde proved the post-mortem notes. Details of investigation were given by PW-9 PSI Hanumant bhosale. PW-10 PI Charudatta Zendekar and PW-12 PN Bhanudas Kadam, who were attached to Pant Nagar Police Station at the relevant time. The defence of the accused was one of denial. After perusing the evidence on record, the learned Sessions judge, convicted the accused as above and hence, this appeal by A-2,