SURESH SHIVRAM KADAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY means of this appeal the appellant has challenged the judgment and order dated 25th June, 1982, passed by the learned Additional Sessions Judge, Pune, in Sessions Case No. 189 of 1981, convicting and sentencing him to undergo imprisonment for life under section 302 I. P. C. Along with the appellant two others viz. , Balu Shivji Jagtap and Mumtaz Kasam Shaikh were also tried; whereas the latter was acquitted the former was convicted under section 352 I. P. C. and was sentenced to pay a fine of Rs. 300/- in default to undergo rigorous imprisonment for one month. However he has not preferred any appeal challenging his conviction and sentence.

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

(3.) IMMEDIATELY after the incident Maruti Shinde, Mahatma Balgir, Panchappa and others came back to the hotel. They woke up the hotel manager Devidas Keshav Waghavkar P. W. 8. Mahatma Balgir informed him that Karim Abdul Shaikh had been stabbed by a customer. Devidas Keshav Waghavkar thereupon informed the police control room. His telephone was received by P. S. I. Vasant Vithal Punekar, P. W. 14. The evidence of P. S. I. Punekar is that the information conveyed to him on telephone was that a waiter in Samadhan hotel had been stabbed by a customer. Immediately thereupon P. S. I. Punekar sent the wireless vehicle (Alpha), which was at Umbrya Ganpati Chowki and directed it to proceed to Samadhan hotel. He also informed P. S. O. Jagtap of Pharaskahana Police Station about the incident. At about 6. 18 a. m. Alpha reached Samadhan hotel. Thereafter along with some police personnel Devidas P. W. 8 went in the lane leading to Shrikrishna talkies. He and the police lifted Karim Abdul Shaikh who was lying there and put him in the police van. Immediately the police van was rushed to Sassoon hospital. There Devidas and others were informed that Karim Abdul Shaikh was dead. In the meantime, one of the waiters Panchappa suggested to Maruti Shinde and Mahatma Balgir P. W. 13 that they should ask Vijaya Shinde who was present on the place of the incident the names of the assailants of the deceased. Hence they went to Dhamdhere lane where Vijaya lived. Panchappa went inside Vijayas room and she gave out to him their names. Thereafter they asked her to accompany them to the police chowki, Shukrawar Peth. At the police chowki the Sub-Inspector of Police was not present. At about 6. 45 a. m. P. S. I. Krishna Ganpati Magdoom P. W. 16 of Shukrawar Peth chowki which was under Pharaskhana Police Station received information about the incident. He rushed to the chowki and found Vijaya present there. The evidence is that after leaving Vijaya at Shukrawar Peth chowki, Maruti, Mahatma, Panchappa and others had gone back to the hotel. After making enquiries from Vijaya P. S. I. Magdoom immediately left for Sassoon Hospital. He met Devidas Waghavkar the manager of Samadhan Hotel who reported that Karim Abdul Shaikh was dead.