NANDU YADAVARAO JAGTAP Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY means of this appeal the appellant challenges the judgment and order dated 30th July 1982 passed by the Additional Sessions Judge, Greater Bombay in Sessions Case No. 187 of 1981 convicting and sentencing him to undergo imprisonment for life under section 302 IPC.

(2.) BRIEFLY stated the prosecution case runs as under:-The informant Vinod Singh PW 1 was employed as a Motor mechanic with one Lal Saheb. Garrage of the said Lal Saheb was near Milan cinema, Santacruz (West). He was residing at the said garrage with his uncle. Vinod Singh knew Kailassingh and his brother deceased Abhayasingh. Kailassingh owned a stable building at Vile-Parle. On 23/12/1980 at about 2/15 p.m. Vinod Singh had gone to the stable of Kailassingh as the latter was his relation. He was talking with grand-mother of Kailassingh. At that time a boy came on a cycle. He kept the same near the stable and threatened Vinod Singh by saying as to who had tethered his she-goat. He abused him in the name of his sister. Vinodsingh told him that he should better ask Rajendrasingh, the servant of Kailassingh and Abhaysingh. Thereafter the said boy asked Rajendrasingh who replied that the she-goat might have been tethered by his master. Vinod Singh further stated that the boy took out a knife from his pocket and cut the rope which was tied around the neck of the she-goat. He then touched his neck with a knife and threatened to kill him if the she-goat was not released. As a consequence thereof Vinod Singh sustained a scratch on his neck. Abhaysingh who was sleeping inside came out at that time and told the boy that he had tethered the she-goat. The boy thereupon assaulted Abhaysingh twice with a knife on his chest. As a result of the said assault Abhaysingh sustained bleeding injuries and fell down. Thereafter the boy ran away with the knife leaving both his cycle and the she-goat. In the Court Vinod Singh identified the appellant as the said boy.

(3.) THE FIR of the incident was lodged by Vinod Singh within an hour of the incident taking place. The incident took place at about 2.15 p.m. and Vinod Singh lodged his FIR at 3.10 p.m. the same day at Police Station Vile Parle. The FIR was recorded by SI Satish Shingte PW 11. On the basis of FIR he registered a case under Sections 307/324 IPC. THe same on the death of the deceased was converted to one under Section 302 IPC. It is significant to point out that the appellant is not named in the FIR although his description is given therein.