SATYAPRAKASH SHANKAR DAHIWALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant is sentenced to suffer imprisonment for life for commission of offences punishable under section 302 of Indian Penal code by Additional Sessions Judge, Nanded; by order dated 21st March, 2003. This order of conviction and sentence is challenged by the appellant in the present appeal.

(2.) Facts relevant for the purpose of this appeal are that, Wahidabegum (P. W. 10) lives at Biloli with her sons Sk. Farid, Abdul Jabbar (P. W. I) and abdul Gaffar (since deceased). Appellant was living with his parents at Biloli in the same lane. The deceased and appellant were taking education at Arjapur college. There was a quarrel between them at the time of gathering of the college. P. W. 1 secured a job in the office of Ravi Kodge and shifted to Nanded in the year 1994. The deceased had completed a course at Kohinoor Institute, nanded. On 6th June, 2001 the deceased had come to Nanded for collecting his certificate from the Institute. On that day at about 1. 30 p. m. near water tank of gurudwara Trust, appellant assaulted the deceased with knife. A scooterist saw the incident and reported it to Traffic Constable Balaji Lokhande (P. W. 8). Sham chavan, a Traffic Warden was also on duty at this place with P. W. 8. Both of them went to the scene of the occurrence on the motorcycle of P. W. 8. At the scene of the occurrence, they found that Constable Babar had already come there. When P. W. 8 made a query, the deceased informed him that Satyaprakash dahiwale has assaulted him. The two constables took the deceased to the hospital in the auto-rickshaw of Gajanan Pathak. At the hospital Dr. Nussarat Jilani (P. W. 13) recorded history. The deceased informed him that he was assaulted by satyaprakash Narayan. On examination, P. W. 13 found that the deceased had suffered five stab wounds and was in critical condition. He started the treatment and relayed the information to Police Station Vajirabad. On receipt of the intimation, A. S. I. Kelkar (P. W. 7) came to the hospital for recording statement of the deceased. However by that time condition of the deceased had worsened, thus, he could not record the statement. In the meanwhile, P. W. 8 found a diary with the deceased having a telephone number of Biloli. He contacted this number. The call was answered by P. W. 10. The constable informed her about the incident. P. W. 10 thus contacted P. W. 1 and asked him to attend the hospital. When P. W. 1 made inquiries, the deceased also informed him that he was assaulted by Satyaprakash Dahiwale. While he was under treatment, the deceased expired at about 5. 00 p. m. P. W. 7 then held inquest on the dead body and prepared Panchanama (Ex. 15). He sent the dead body for post-mortem. The post-mortem was performed by Dr. Rajendra Kagne (P. W. 12). The doctor found that the deceased had sustained five stab wounds. On account of the cutting of the Peritoneum and liver, there was 3200 c. c. s. of blood in peritoneum cavity. The autopsy surgeon prepared post-mortem report (Ex. 31) and opined that the death had taken place on account of shock due to stab injuries.

(3.) After the death of his brother, P. W. 1 went to Vajirabad Police Station and lodged a report against the appellant. A. P. I. Kudale Patil (P. W. 2) recorded the report and handed it over to P. S. I. Vasundhara Borgaonkar (P. W. 4) who registered offence against the appellant under section 302 of the Penal Code. The investigation was then taken over by ADPO Sanjay Banarjee (P. W. 14). The investigating officer deputed police officers to arrest the appellant and visited the spot. On his visit to the scene of occurrence, the investigating officer found that the soil was disturbed indicating that there was scuffle between the deceased and the appellant. There was blood on the ground. He collected sample of blood stained soil and control soil under Panchanama (Ex. 18). Clothes of the deceased produced by P. W. 7 were attached under seizure memo (Ex. 54). The appellant was produced before the investigating officer at about 9. 30 p. m. His blood stained clothes were attached under seizure memo (Ex. 53). As the appellant had sustained injuries on his right hand, he was sent to the hospital. At the hospital, p. W. 13 examined the appellant. Appellant had minor injuries on the middle finger and palm of his right hand.