GOVIND RAMCHANDRA JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal has been filed challenging the conviction of the appellant under section 302 of I. P. C. and imprisonment for life imposed on him by the judgment and order dated 25th August 1982 delivered by the learned Additional Sessions Judge, Pune in Sessions Case No. 174 of 1978.

(2.) FACTS leading to the conviction of the appellant briefly stated are as under:

(3.) ON the day of the incident i. e. 21st January, 1976 the appellant was seen sitting in the office of the Railway Police Station, Pune between 10 a. m. to 4 p. m. . At times he was sitting quietly in the office premises. On that day the complainant Smt. Vachhal Narayan Kshirsagar, lady Police Sub-Inspector was on duty as duty officer from 9 a. m. On the same day the deceased constable Ashok Kulkarni and another constable Manohar Baburao Waghmare P. W. 2 were keeping watch on the movements of constables of Railway Protection Force by sitting in the Police Station in plain clothes as per the directions of P. W. 4. At about 4. 45 p. m. the appellant suddenly took out knife from his pocket and stabbed the deceased Ashok Kulkarni when the deceased and P. W. 2 Waghmare were in the verrandha. P. W. 1 complainant Mrs. Vachhal Kshirsagar heard the cry of the persons coming from the verrandha and, therefore, she came in the door when she saw the deceased police constable Kulkarni lying injured in the pool of blood. The other constables present there i. e. P. W. 2 Waghmare, Head Constables Devkathe, Gaikwad and Patil separated the appellant from the deceased when he was sitting on the body of the injured constable. The appellant was then pushed inside the office of the Railway Police. P. S. I. Vachhal Kshirsagar, P. W. 1 immediately went to inform about the incident to Police Inspector Ravikant Tayade P. W. 4. On his arrival the deceased constable Ashok Kulkarni was taken to the Sassoon Hospital, Pune where he was pronounced dead. The appellant immediately was arrested.