VASANT RAGHUNATH DHOBLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE Addl. Sessions Judge, Greater Bombay, on the strength of testimony of Shakila (P.W.1) and Khairunisa (P.W.2) recorded the finding of conviction for the offence punishable under section 304 Part II of the Indian Penal Code against the appellant-accused for having assaulted Abdul Gaffar on 15th October 1983 resulting in his homicidal death.

(2.) THE facts leading to the prosecution has a peculiar feature. According to the prosecution, Abdul Gaffar was arrested on 14.10.1983 in connection with the offence punishable under Section 326 of the Indian Penal Code. On 15.10.1983 at about 8.30 a.m., the accused brought him in a police Van in front of the house of Shakila (P.W.1) in Behram Baug and mercilessly assaulted him. He was subsequently admitted in the hospital and, ultimately, died on 17.10.1983. As per postmortem report (exh.36), the cause of death was shown as failure of kidney. On 18.10.1983 Shakila (P.W.1) made a statement in the police station and it was treated as the First Information Report(exh.11).

(3.) SHAKILA (P.W.1) is a star witness. She claimed to have seen the incident of assault. According to her, Abdul Gaffar was brought in a van by the accused and two police constables in front of her house and there they mercilessly assaulted him with aid of hockey stick. The assault, according to the witness, went on for quite sometime. According to the defence, this account as given is wholly improbable. The accused persons were police officers. If the deceased Abdul Gaffar was in the custody, there was no need or propriety or otherwise to bring the deceased on the spot in a locality and that too in broad day-light to assault him. Mr. Nalawade, learned Addl. Public Prosecutor, tried to counter the submission by making a statement that accused no.1 was a police officer and by making assault in front of the house and that too in the locality, he wanted to set up an emample and to create a deterent effect on the public.