ANIL JAGANNATH MALVE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Appeal has been preferred against the judgment and order of the Additional Sessions Judge for Greater Bombay in Sessions Case No.372 of 1990. The accused has been convicted under Section 302 of the Indian Penal Code and sentenced to suffer life imprisonment.

(2.) The case of the prosecution in brief is that the accused and his brother permitted people to play carrom in their game shop by charging them some money. On 9th March 1990, one Sanjay Jadhav and his friend Anil Pawar went to play carrom as usual in the game shop of the accused. While they were playing, the accused, who had consumed liquor, demanded money from Sanjay. Since Sanjay refused to accede to his demand, the accused refused to permit them to continue the game and started closing the shop. A quarrel ensued between Sanjay and the accused. The accused bit the right cheek of Sanjay who shouted for help. Sanjay's uncle, the deceased, separated Sanjay and the accused. Sanjay and his uncle returned home. Thereafter, around midnight, the accused came to Sanjay's house and started hurling abuses and threats at him. He also tried to kick open the front door of Sanjay's house. The deceased, who stayed in an adjacent house, came there and tried to pacify the accused. Sanjay and his mother opened the door and Sanjay tried to catch hold of the accused in order to take him to the police station as suggested by the deceased. The accused jerked himself free and gave a knife blow on the chest of the deceased. The accused fled from there and ran towards old Mulund taking his knife with him. Sanjay chased the accused for a distance in order to nab him. However, he was unsuccessful and, therefore, he returned home only to find the deceased lying in a pool of blood with bleeding injury on his chest. Sanjay and his brother Anil and their mother removed the deceased to the hospital in an autorickshaw. On examining the victim, the Doctor declared him dead. The post mortem was conducted and the Doctor found that the death had occurred on account of the stab injury and haemorrhagic shock. The police arrived after PW1 lodged his complaint. The seizure panchanama was recorded as also a spot panchanama. The accused was arrested soon thereafter. The knife used as the weapon of assault was recovered at the instance of the accused.

(3.) On a consideration of the evidence and other material before him, the learned Sessions Judge has recorded a finding that the accused was guilty of the offence under Section 302. We have, therefore, reappreciated the evidence on record and find that we are unable to agree with the learned Sessions Judge.