KISHORE BHAU SHINDE 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 / 1 9 9 9 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 and 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 /1 2 / 1 9 9 7 , 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 assaul ted by 3- 4 persons near the dispens a ry 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 Krishnab ai were crying and saying that A-2 and his associates had attacked the injured. 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.P- 32 /A]. 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 recorded his statement . According to PW-1 Vasant Bhosale, the wife of the deceased had told him that the deceased was assaul ted with sharp edged weapons like knives and chopper s 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 investigation started. The statement of witnes ses came to be recorded. Post- mortem was done on the deceased. There were 52 external injuries on the person of the deceased and the cause of death was haemor rhage and shock due to multiple incised stab wounds and incised wounds by sharp edged weapons (Unnatur al). 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 PW-3 Krishnab ai, the mother of the deceased. PW-8 Dr. Ashok Shinde proved the post- mortem notes. Details of investigation were given by PW-9 PSI Hanuma n t Bhosale. PW-10 PI Charuda t t a Zendekar and PW-12 PN Bhan ud a s 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.