VINOD NARASA MANE Vs. STATE

JUDGEMENT

(1.) The present Appeal is directed against the Judgment and Order dtd. 31/08/2024 passed by the learned Additional Sessions Judge, Sessions Court, Borivali Division, Dindoshi, Goregaon (East), Mumbai in Sessions Case No. 305/2018, whereby the Appellant was convicted for the commission of offence punishable under Ss. 302 of Indian Penal Code (IPC) and was sentenced to suffer rigorous imprisonment for life and also fine of Rs.10,000.00 in default of payment of fine, to suffer one year rigorous imprisonment for the offence punishable under Sec. 302 of IPC. The Accused No.1 was also convicted under Sec. 323 of IPC and was sentenced to suffer rigorous imprisonment for one year and also fine of Rs.1,000.00 in default of payment of fine, to suffer rigorous imprisonment for two months for the offence punishable under Sec. 323 of IPC. The Accused Nos.2 and 3, the Co-Accused, were however acquitted for the offence.

(2.) The case of the Prosecution is that, the deceased was residing at Borivali and the Accused No.1 used to live in the same area. Nearly four months ago from the date of incident, the first informant-Mohan Pawar (deceased) and the Accused No.1 had quarrel on petty grounds. It is further stated that PW-2-Dilip Babulal Chavan who was the cousin brother of the deceased had come to meet him on 06/06/2018. They both went to a beer shop to purchase beer. At that time, Accused Nos.1 and 2 had exchanged certain acrimonious signs and gestures. It is further stated that on 07/06/2018 at about 2:00 a.m., the deceased along with his cousin-PW-2 had been to a place named Tilak Nagar. At that time, the Accused Nos.1 to 3 came there. The Accused No.2 caught hold of the deceased and the Accused No.1 kicked the deceased. The Accused No.3 had also caught hold of the deceased and threatened him. The Accused No.1 thereafter gave a blow of knife on the chest and the thigh of the deceased. PW-2 tried to intervene but he was also assaulted by the Accused persons. As a result of which PW-2 sustained injuries on back and on his left ear. Thereafter, the deceased collapsed on the ground. His friends took him to Shatabdi Hospital, Kandivali where he was admitted in ICU. The statement of the deceased was recorded by PW-5. On the basis of the said statement, F.I.R. was lodged for the offences punishable under Ss. 307, 323 read with Sec. 34 of Indian Penal Code (IPC) which was registered vide C.R. No.284 of 2018 on 07/06/2018. Subsequently, the injured succumbed to the injuries and therefore, offence under Sec. 302 of IPC was added. Pursuant to the F.I.R. the investigation commenced, the chargesheet was filed and the case was committed to the Court of Session. All the Accused pleaded not guilty and therefore, were sent to trial. The Prosecution in support of their case examined 10 witnesses.

(3.) The Prosecution examined PW-2-Dilip Babulal Chavan who was cited as an eye-witness. PW-2 stated that he and the deceased- Mohan Pawar were cousin brothers. He was residing at Malad. He stated that on 06/06/2018 (mentioned as 06/07/2018 in evidence), the deceased and he himself went to a beer shop at Borivali. At that time, the Accused was present there. The Accused and the deceased had exchanged inimical gestures. He further stated that he and the deceased went to Borivali. Accused No.1 started beating his cousin brother i.e. the deceased. He stated that he tried to rescue his brother but was beaten too. Thereafter, Accused No.1 stabbed Mohan by knife. Mohan received bleeding injuries on his chest and fell down on the road. Some of the friends of Mohan gathered there. The friends who gathered along with the PW-2 took the deceased to Shatabdi Hospital. The Police present in the Hospital recorded the statement of Mohan (deceased). On the next day, Mohan succumbed to his injuries. After four to five days, police inquired with PW-2 and recorded his statement. He identified the Accused Nos.2 and 3 before the Court. Accused No.1, however was not produced before the Court physically nor through VC. PW-2 therefore, did not identify the Accused No.1. In the cross-examination, the said witness stated that he had been to the house of the deceased on 06/06/2018 (mentioned as 06/07/2018 in evidence). He further stated that he was present at the beer shop at about 11:00 p.m. He further stated that, thereafter he and the deceased went to take dinner at a Chinese stall from where they went to a pub. He further stated that till around 1:30 a.m. to 2:00 a.m. they were in the pub. He stated that he could not describe the area where the quarrel between the deceased and the Accused persons took place. He stated that there was light on the road. However, on the spot of incident there was dim light. He also stated that the spot of incident was situated in a residential area. He stated that he tried to rescue Mohan however, he did not raise shout for help. He denied the suggestion that Mohan was drunk and fell down on a pointed object and sustained injury. He also stated that he was knowing the Accused by face but their names were mentioned by the Police. He stated that the Police made inquiry with him about the incident on that day, but the statement was not recorded. He further stated that he had not seen any weapon in the hands of Accused. He stated that his statement was recorded after four to five days.