SUJIT GULAB SOHATRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) VIDE judgment and order dated 27. 1. 1994 passed in Sessions Case No. 170 of 1991 the Second Additional Sessions Judge, Raigad, Alibag convicted and sentenced the Appellants in the manner stated hereinafter:

(2.) THE prosecution case in brief runs as under: suresh Kamble, P. W. 2, the deceased Babu @ Suraj and Gajanan Jadhav were friends. On the evening of 23. 4. 1991 the three of them had gone to Municipal garden in Panvel. They sat there till about 7. p. m. and thereafter returned to the house of Gajanan. They sat at Gajanans house till 9 p. m. Thereafter they left for attending the Haldi function at the house of one Dattatraya Mahase. When they reached near Datta Hotel, Suresh Kamble and Gajanan Jadhav asked the deceased Babu to go the House of Mahase and see whether he was there. At that time appellants Sujit, Manoj, Ravi, Raju and Naresh were coming from cinema and were looking towards them in anger. After these appellants left, Babu came and informed that Dattatraya Mahase was not at his house. Consequently Babu, Suresh Kamble and Gajanan Jadhav returned to the house of Gajanan in a rickshaw. After leaving Gajanan at his house Suresh and Babu returned to their house. After some time both Suresh Kamble and Babu started seeing a film on video at the house of one Gopal Gaikwad. After some time (at about mid night) Babu told Suresh to accompany him for easing. Hence both of them went to ease on the path way near the place where a new building was being constructed. While they were returning after easing the appellants attacked them. Appellant Manoj had a knife, Sujit a sword, stick and the remaining persons viz. Kailash, Ravi, Raju and Naresh had sticks. First all six of them assaulted both Suresh and the deceased Babu. Thereafter all of them started assaulting the deceased Babu. While appellant Manoj was trying to assault Babu, Suresh Kamble caught hold of his hand and during the scuffle he received injuries from the knife which was in the hands of Manoj. Suresh Kamble got frightened and thereafter ran to the house of the deceased which was situate near the place of the incident. He informed about the incident to the mother and brother of the deceased one Prakash alias Sunil P. W. 3. Thereafter all of them returned to the place of the incident. The deceased was then saying "oh mother save me". Thereafter they took the deceased to Municipal Dispensary, Panvel which was situated nearby. Sunil and Suresh Kamble went to Panvel Police Station to lodge FIR. Instead of lodging the FIR the police immediately rushed to Panvel Municipal Dispensary. There Suresh Kamble and others learnt that the deceased had died at about 12. 0clock.

(3.) THE FIR of the incident was recorded by P. I. Anil Tamaichekar, P. W. 8 at Panvel Municipal Dispensary on the facts furnished by Suresh Kamble, P. W. 2. On the basis of the FIR, C. R. No. 129 of 1991 was registered at Panvel Police Station.