LAXMAN DITA KAKAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant has questioned correctness of Judgment and Order dtd. 10/7/2024, passed by the learned Sessions Judge, Thane, in Sessions Case No. 6 of 2021, convicting him under Sec. 302 of the Indian Penal Code and sentenced to suffer imprisonment for life and also to pay a fine of Rs.10,000.00, in default to payment of fine to undergo further imprisonment for three months.

(2.) Heard Mr. Gharte, learned appointed Advocate by Legal Aid Committee to represent the Appellant and Mr. Satpute, learned APP for Respondent, State. Perused entire record.

(3.) The name of the deceased is Deva @ Devilal and the time of incident is the intervening night of 3/5/2020 and 4/5/2020. The place of incident is the room where the Appellant and deceased Deva @ Devilal used to reside. It is the prosecution case that, the Appellant and deceased were working as labourers with Kalubhai Devjibhai Salvi (PW 12) at Singapore International School, situated at Mira Road (E), District Thane. PW 12 was given a contract of gardening of the said school. The deceased Deva @ Devilal was the Supervisor whereas the Appellant was one of the worker, working under him as a Gardener. The Appellant and deceased were residing on the first floor of the labour quarters of the said school and they used to sleep together. The deceased, Supervisor was in-charge of giving monthly salaries to the Gardeners and additional amount of Rs.200.00 on a weekly basis for their expenses. On 3/5/2020, the deceased paid Rs.200.00 each to all the Gardeners, however did not pay it to the Appellant, as he had not attended the work from 30/4/2020 to 1/5/2020. A quarrel ensued on the said count in the night of 3/5/2020. Thereafter, all the labourers went to sleep in their respective rooms. As usual the Appellant and Deva @ Devilal (deceased) were sleeping in an open area of first floor of the staff quarters. That, at about 7.00 a.m. on 4/5/2020, Soma Dharmaji Mena (PW 6) i.e. informant got up and came out of his room and noticed that, Deva @ Devilal was lying in his bed in a pool of blood, motionless and the Appellant was sitting beside him. PW 6, informant called other labourers. Labourers reached the scene of offence and noticed that, the Appellant was sitting in front of the deceased and upon being asked by the labourers, the Appellant informed them, as he did not get the said amount of Rs.200.00, in the intervening night, when the deceased was sleeping, he assaulted him with an iron hammer. The deceased was immediately taken to Indira Gandhi Hospital where he was declared dead and consequent therefrom, FIR was registered.