KRISHNA K PUTHRAN Vs. SHRIKRISHNA B JADHAV

JUDGEMENT

(1.) This revision application is directed against the order of acquittal passed by the learned Additional Sessions Judge, Greater Bombay, in Sessions Case No. 491 of 1979 decided on 5th October, 1981 whereby the learned Additional Sessions Judge acquitted the respondents-accused Nos. 1 to 4 of offences punishable under sections 307, 324 and 323 read with section 34 I.P.C.

(2.) The prosecution case may be summarised as follows. The petitioner No. 1 Krishna K. Puthran with his wife Chandravati (petitioner No. 2), their three sons, namely, Janardan, aged 26 years, Narayan aged 22 years and Chandrashekhar (petitioner No. 3) aged 18 years, and two daughters, namely, Premlata aged 20 years and Rupa, occupied Room No. 7. in Municipal Chawl No. 10/D, Barve Nagar, Ghatkopar (west), Bombay, for the last more than ten years. About a month before the date of the incident the respondents-accused Nos. 1,3 and 4 who are brothers, accused No. 3. Vasant being the eldest occupied the adjoining Room No. 6. The respondent-accused No. 1 Shrikrishna is the brother-in-law of the respondent-accused No. 3. The relations of petitioners and the respondents were cordial, but there used to be petty quarrels between the complainants wife Chandravati and members of the family of the respondents-accused Nos. 1 to 4. On the date of the incident in the evening the wife of the accused No. 3 threw some dirty water outside the house which fell on Chandravati and the two ladies quarrelled over the same. The accused No. 1 intervened and slapped Chandravati and threatened her that he would see to all the members of her family in the evening. In the evening at about 7 p.m. while the complainant Krishnan and his sons Janardan, Narayan and Chandrashekhar and daughter Premlata were sitting on the otla outside Room No. 7. and were talking among themselves, the accused No. 3. was sitting on the otla in front of Room No. 6. The accused No. 1 Shrikrishna and the accused No. 2 Laxman came in a rickshaw and went running towards the place where the complainant and his family members were sitting. The accused No. 1 had the knife (Article 12) in his hand. He assaulted the complainant with the knife on the top of the hand and caused the bleeding injury. The accused Nos. 3 and 4 also joined the accused No. 1 and 2 in the assault on the members of the Puthran family. Chandravati, who was trying to help her husband, was stabbed by the accused No. 1 on the chest and buttocks, with the same knife. After stabbing, while the accused were running away, the complainant caught hold of accused No. 2 Janardan and Narayan took the accused No. 2 to the Police-Station and reported orally to the police above the incident. The police took the accused No. 2 in custody. In the meanwhile, the injured Krishna and his wife Chandravati were taken to Rajawadi Hospital. P.S.I. Patil contacted the complainant Krishna at the Hospital and recorded his first information report. He also recorded the statements of other injured persons. Those injured persons were treated at the Hospital. Chandravati was also admitted to the Hospital and she was operated upon. On the same night the panchnama of the scene of offence was made. The blood-stained clothes of the injured were collected. The accused No. 1 also arrived at the Hospital at about 7.45 p.m. for the treatment of the injuries he had sustained on the arm. He was taken in custody by the police. He was examined by the Medical Officer. On the report of the complainant Krishna, the police investigated the crime and the respondents Nos. 1 to 4 were prosecuted for the offences punishable under sections 307, 324 and 323 read with section 34 I.P.C. The case was committed to the Court of Sessions.

(3.) The learned Additional Sessions Judge framed charge against the respondent Nos. 1 to 4 accused for the offences mentioned above. The accused denied the charge. Their defence was of total denial. The accused No. 1, who was handed over by Narayan and Janardan to the police stated that he was at the tenement No. 5 with one Joshi and after hearing the commotion outside he came out and saw some persons running away. According to him, Narayan and Janardan caught him and took him to the police-station on the suspicion that he was one of the assailants. The accused No. 1, who was having incised wounds on the left forearm, explained the same by saying that he had quarrelled with some rickshaw driver and in that quarrel he got the injuries and he had been to the hospital for medical treatment and at that time the police arrested him.