ANIL LIMBAJI LAKSHARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The accused appellant has been convicted and sentenced under Section 302 of the Indian Penal Code by the Sessions Judge, Pune, in Sessions Case No. 73 of 1990. This appeal impugns the judgment of the Sessions Judge, Pune.

(2.) With the assistance of the learned advocate appointed for the appellant and the learned A.P.P., we have scrutinized the evidence on record and the judgment impugned in the present appeal. However, we are unable to agree with the findings recorded by the learned Sessions Judge. From the evidence on record we find that it is very difficult to believe the story of the prosecution.

(3.) It appears that on 29.10.1989, one Suresh Pawar who plies an auto-rickshaw went out at about 8.30 pm with the deceased Ashok Lakshare and Ashok Sonawane. While they were purchasing cigarettes and having cup of tea, one Kisan Lakshare approached them and requested Suresh to take him to Navjeevan Hospital where his son who had suffered burn injuries was admitted. Suresh then drove Kisan Lakshare to the hospital. They were accompanied by the victim and Ashok Sonawane as also three other persons who were accompanying Kisan to the hospital. Thus, these seven persons reached the hospital when all but the victim and Ashok Sonawane alighted from the rickshaw. Suresh entered the hospital alongwith Kisan and his friends. He returned after some time when he saw the accused approaching the rickshaw. He heard the accused asking Ashok Sonawane what the rickshaw fare was from Chitra Talkies where Kisan had hired the rickshaw, upto the hospital. Ashok Sonawane pointed out that he was not the rickshaw driver and, therefore, the accused should ask Suresh about the fare. According to the prosecution, when Suresh Pawar reached the rickshaw, the accused asked him to accept the fare. However, Suresh refused to accept it since he was well acquainted with Kisan. This aggravated the accused and a quarrel ensued between the victim and the accused which led to fisticuffs. They entered into a bylane and continued quarrelling. Suresh then checked on them as they had not returned even after 10 minutes. Suresh saw the scuffle between the victim and the accused. He intervened and separated them. According to the prosecution, he walked back to the rickshaw. When the victim was about to enter it, the accused pulled him out and inflicted stab injuries with a weapon. The victim collapsed and died on the spot. Suresh then went to the victim's residence and informed his mother. The victim's family rushed to the spot when they found he was already dead. The police arrived on the scene of offence. They found that Suresh's clothes were blood stained. Suresh's clothes were attached. An F.I.R. was lodged by Suresh. The accused, according to the prosecution, was absconding and was found in Lonawala and arrested on 31.10.1989. The prosecution alleges that the knife used by him to inflict the injuries and his blood stained clothes were recovered at his instance. The accused was then charged for having committed the offence punishable under Section 302 of the Indian Penal Code. His trial was committed to Sessions. The Sessions Court convicted and sentenced him under Section 302 of the Indian Penal Code to imprisonment for life.