SANJAY ANKUSH SONURLEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appeal is directed against the judgment and order dated 5th January 1994 of the Additional Sessions Judge, Sindhudurg at Sawantwadi, whereby the accused has been convicted of offences punishable under Section 302, 307 and 324 of the Indian Penal Code and has been sentenced accordingly.

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

(3.) THE prosecution examined several witnesses, in fact, twelve. The first witness which was examined was one Hamid Ahamad Naik, a panch witness in whose presence the outer cover (i.e. the scabbard) of the Khanjir was found. He deposed to the fact of recovery of outer cover from the place indicated by the accused. The second witness who was examined was one Mustak Malik Bagwan, the brother of Appasaheb, Riyaz and Altaf. He deposed to some quarrel having taken place between Riyaz and accused some 10-15 days before the date of the incident. He further deposed that on 18th March 1993 Appasaheb and Riyaz left their house at 8.30 in the morning in order to go to the shop and that he followed them some time thereafter; that his brother Altaf and servant Baba Nagarji also arrived at the shop; that Riyaz was to go to Kolhapur and proceeded on foot to the S.T.Depot and as he neared the old Petrol Pump, the accused stabbed Riyaz in stomach by giving khanjir blow; that Riyaz shouting for help ran back towards the Bagwan stall and that accused followed him having Khanjir in his right hand and the Khanjir was stained with blood; that Appasaheb came to the rescue of Riyaz and as the accused was about to give a blow with the said weapon on his chest, Appasaheb prevented the blow on his chest by raising his left arm, thus receiving knife injury on his left forearm. In the mean time, Altaf rushed to save Appasaheb and the Accused stabbed him in his stomach with the said weapon as a result whereof Altaf collapsed on the ground; that Baba Nagarji, the servant came to save Altaf who was also given a blow with the said weapon in the chest and Nagarji also collapsed on the ground. Thereafter the accused went inside the Bhaji Market with the said weapon in his right hand which weapon was stained with blood and the accused while proceeding through Bhaji Market started shouting that he would kill all the Muslims. He further deposed that Riyaz was put in an Auto Rickshaw and was taken to the Cottage Hospital at Sawantwadi. Baba Nagarji was brought near Bhangale old Petrol Pump, that he was made to sit there; that blood was oozing from his injury;and that Baba Nagarji was also carried in an auto-rickshaw to the Cottage Hospital. He saw Appasaheb in Cottage Hospital as he was brought there however, was later removed to Ayurvedic Hospital. He further deposed that he himself was also injured due to having come in contact with a tinsheet lying on the ground. He further deposed that in the Cottage Hospital his complaint was reduced in writing. He lastly deposed that in the afternoon he came to know that Altaf and Nagarji had succumbed to the injuries and that the condition of Riyaz was very serious. In his cross-examination he stated that although he had stated before the Police that the Accused gave Khanjir blow in the stomach of Riyaz, the same was not appearing in the complaint shown to him. He further stated that although he had also stated to the police that the Khanjir was stained with blood, the same, however did not find place in the complaint. Apart from that, his deposition regarding stabbings of Riyaz, Appasaheb, Altaf and Nagarji by the Accused one after the other, was not at all challenged in the cross-examination.