GAJU ALIAS GAJANAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. C. R. Thakur, Advs. for the Appellant and mr. S. Y. Deopujari, A. P. P. for the respondent-State.

(2.) This Criminal Appeal is directed against the judgment and order dt. 8-11-2005 passed by the 2nd Ad-hoc Additional Sessions Judge, Nagpur whereby the appellant came to be convicted for the offence punishable under section 302 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs. 3,000/ -. In default of payment of fine, the appellant was directed to undergo rigorous imprisonment for three months. The appellant is acquitted of the offences punishable under sections 120-B, 148 read with section 149 of the Indian Penal Code as well as under section 4 read with section 25 of the Arms Act. The trial Court acquitted other five co-accused for the offences punishable under sections 120-B, 148, 302 read with section 149 of the Indian penal Code as well as under section 4 read with section 25 of the Arms Act. The state has not preferred appeal against the order of acquittal.

(3.) The prosecution case in the nutshell is as follows : it is the case of prosecution that on 6-7-2002, at about 9. 45 P. M. Dinkar uikey (elder brother of deceased Ram Uikey) was watching Television Programs at his house. Deceased Ram was sitting in the tin shed (chhapari) of the house. Appellant Gajanan (Gajju) came to the house of Dinkar and gave a call to deceased Ram. Dinkar saw deceased Ram, who left the house along with the appellant and went towards the flour mill which was located in the same locality. They were accompanied by four to five boys. It is the case of prosecution that, after a lapse of some time, one Jitu (nephew of deceased) came to the house of dinkar and informed him that the appellant and his associates were assaulting deceased Ram with knife and sword. Dinkar immediately rushed towards the flour mill and saw that the appellant and his associates were assaulting Ram by means of knife and sword. Dinkar could witness the incident since there was a pole on which electric light was on. Deceased Ram was shouting "bachao bachao". Dinkar picked up one stone from the ground and wanted to pelt it towards them. However, when the appellant and other co-accused saw Dinkar, they ran away from the place of occurrence. Ram sustained bleeding injuries all over his body including stomach, chest etc. It is the case of prosecution that deceased Ram told Dinkar that he was assaulted by the appellant and his associates. Dinkar called his neighbour Papa Shahu and both of them took Ram to Mayo hospital for treatment in an auto-rickshaw. The doctor who examined ram in the Mayo hospital declared him dead. Dinkar lodged First Information report against the appellant on the same day without lapse of time and on the basis thereof, Crime No. 221 of 2002 was registered. Police visited the spot of incident, recorded spot panchanama, inquest panchanama of dead body of Ram at mortuary of the Mayo hospital and forwarded dead body for post-mortem examination. Police also recorded statements of witnesses, arrested the appellant and other co-accused and on completion of formal investigation, filed charge sheet in the Court of Chief Judicial Magistrate, who committed the case to the court of Sessions, Nagpur. The trial Court framed charge against the appellant as well as other co-accused. Same was read over and explained to them. The appellant pleaded not guilty and claimed to be tried.