AJAY KUMAR BISWAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is by the accused in Sessions Case No. 785 of 1986. The accused have been convicted by the learned additional Sessions Judge, Mumbai for offences punishable under section 307 read with 34 of the Indian Penal Code, 1860, They are directed to suffer rigorous imprisonment for a period of five years and to pay Rs. 5,000/- as fine. In default, they were to suffer rigorous imprisonment of 15 months each.

(2.) The prosecution case is as under. The complainant Bajirao and the appellants are in employment of Galas situate in an industrial shed at Lower Parel, Mumbai. The industrial shed is named as Shah and Nahar Industrial estate. The incident occurred in the compound of Shah and Nahar Industrial Estate. The time of the incident is 1 O'clock in the afternoon. It is alleged that the complainant had gone to adjoining industrial estate in connection with his duty. He returned to the place of his employment located on fourth floor in the building of Shah and Nahar Industrial Estate. Accused Ajay (A-1) went to the complainant and called him down stairs. The complainant accompanied Ajay. When both of them were on the staircase between 2nd and 3rd floor other accused Ismail (A-2) joined them. It is alleged that before complainant Bajirao realised anything, both accused bodily lifted him and threw him to the ground. The complainant Bajirao sustained number of injuries on his person. All of them were caused to the right part of his body. Prosecution witness No. 6 Tejuddin removed injured Bajirao to the hospital. He reached k. E. M. Hospital at about 1. 45 in the noon.

(3.) Prosecution Witness no. 3 shashikant Pawar, a Constable attached to bhoiwada Police Station, was at the relevant time present at K. E. M. Hospital, Realising that it was a Medico-Legal case, P. W. 3 made preliminary inquiry with Bajirao. During the course of that inquiry Bajirao told P. W. 3 Pawar the manner in which the injuries were sustained by him. He told Constable Pawar that two persons namely the accused herein had bodily lifted him and he was thrown from the third floor of the building and injuries sustained by p. W. I Bajirao were by the acts of accused-appellants.