LAWRENCE JOHN LOBO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BEING aggrieved by the judgment and order dated 22nd March 2004 passed by the Addl. Sessions Judge, gr. Bombay in Sessions trial No. 877 of 1992, the appellants named above have preferred this appeal on the grounds mentioned in the memo of appeal as also verbally canvassed before us.

(2.) WHEN the matter was called out the advocate appearing for the appellants was absent. We have noticed for the last three months in most of the cases where the parties are represented by lawyers engaged by them, remain absent and in number of cases we have observed this by taking up the hearing in the absence of the advocate, as it is necessary to avoid unnecessary languishing the accused persons in jail who may, after hearing and decision of the appeal, be found not guilty. With the assistance of the learned advocate appearing on behalf of the appellant and the learned APP, we have scrutinised the entire record and reappreciated the evidence both oral and documentary on record.

(3.) ON 23-5-1992 at about 11.00 p.m. her son Chandmohammed had gone to the house of one Chhotelal bhaiya for electric work. They were talking with each other. Lawrence Lobo and his sons were asking not to come to their side and started quarreling with chandmohammed. Complainant Fatmabi went there and asked Lobo why they always used to quarrel with her son. Lawrence John Lobo gave one slab blow on the mouth of Smt. Fatmabi. When she shouted alound, her son Salim came running at the spot whereupon Andrew lawrence, Freddie Lawrence and Francis Lawrence assaulted Salim with hockey stick, iron pipe and stump on his head. The complainant, mother of Salim shouted aloud for help. The people assembled there. One Jaisingh Thakur came and separated Salim from Lobo family. Salim had fallen down unconscious. With the help of neighbours Salim was taken to the Bhabha hospital by the complainant and she went to the Nirmal nagar police station and informed the incident. Then she went back to Bhabha hospital. Her son Salim was still unconscious. Since Salim was critical in his health, he was transferred to KEM hospital. He had sustained bleeding injuries on his head and forehead. He was not in a position to speak. While in KEM hospital, the Nirmal Nagar Police officers came there and recorded the complaint of Smt. Fatmabi at about 4. 30 a. m. on 24-5-1992. On the basis of her complaint Cr No. 133 of 1992 was registered in Nirmal Nagar police station and police then carried out the usual investigation.