RAMESH BHAGWAN MANJREKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY means of this appeal the appellants have challenged the judgment and order dated 31st May, 1982 passed in Sessions Case No. 6 of 1981, by the learned Additional Sessions Judge, Greater Bombay, whereby each of them have been convicted and sentenced in the manner stated hereinafter:

(2.) BRIEFLY stated the prosecution case runs as follows:

(3.) RAMESH Shelar was medically examined at Rajawadi Hospital by Dr. Naresh Madanlal Khanna P. W. 9, the same day at 9. 15 p. m. In the medical case papers Dr. Khanna has mentioned that Ramesh Shelar had sustained an incised wound on the right lower chest 1" X ?" X ?. He also noted that the pulse was feeble, pupils were semi-dialated and the patient was smelling of alcohol. In the case papers it has also been mentioned that he was unconscious (the entry is worded as "h/o UC" ). After Ramesh Shelar had been attended to by Dr. Khanna, police constable Mubarak Mohammed Mulla P. W. 4 who was on duty in Rajawadi Hospital and was in charge of E. P. R. (Emergency Police Register) counter, was informed through a ward boy that there was a case of stabbing. Consequently he went to the casualty ward. He noticed a person lying there. He gave his name as Ramesh Maruti Shelar. When he asked as to how he had sustained injuries he informed him that one Ramesh Manjrekar had stabbed him on his chest and back. He was also informed that the stabbing has taken place at about 8. 30 p. m. At about 9. 30 p. m. Ramesh Shelar was medically examined by Dr. Govind Sadashiv Kubal P. W. 10. Dr. Kubal found that he had sustained a stab injury on the lower right chest 1" X ?" X query deep. He also found that at about 9. 35 p. m. Ramesh Shelar was gasping and at about 9. 45 p. m. there was no response from him. It appears that Ramesh Shelar succumbed to his injuries at about 9. 50 p. m. on 10-10-1983.