NAVASHA BABU VAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant s / a ccu s ed have been charged and convicted for the offence of murder of one Abhiman Sadar and sentenced to suffer imprisonment for life and for commission of the offence under Sections 302 r.w. 34 of the Indian Penal Code and to pay a fine of Rs.500 / - i/d to suffer further Rigorous Imprisonment for 3 months. They have challenged the said conviction and sentence.

(2.) The charge against the appellant / a c cu s ed was firstly that they committed murder of one Raju Jamada r on 23rd May, 1996 at about 5.00 p.m. To 6.00 p.m at Unit No.19, Rajapur Pada area, Aarey Colony, Goregaon (East), Mumbai- 400 065 by inflicting injuries with deadly weapons and thereafter during the course of same trans action committed the murder of the said Abhiman Sadar, while running away from the spot after the murder of Raju punishable under Section 302 r.w. 34 of Indian Penal Code and subsequently, in the course of same transaction, they assaulted one Veluswamy Parimal Devendran with sickle while running away from the spot of the incident by inflicting injuries on his chest and other parts with such intention and knowledge that under the circumstances if it had caused his death, they would have been guilty of murder punishable under Section 307 of the Indian Penal Code.

(3.) The prosecution has examined 8 witnesses. The case of the prosecution depends almost entirely on eye witness' account. The F.I.R has been lodged by a police officer who was on patrolling duty. His evidence as P.W.1 shows that the a boy came running towards the vehicle. He and the other police officers on duty asked him what was the matter He disclosed that he and his associates murdered one person in the slum near Aarey Colony. P.W.1 and the Officers went to that place. They found the person in injured condition. The injured got up and kicked accused No.1. He gestured the officers to show that the accused and his associates had assaulted him. He pointed a finger at accused No.1. He was Veluswamy. He was bleeding, he was taken to the hospital. Thereafter the accused No.1 disclosed to the officers that he had not assaul ted that injured person, but some other person. Again the officers went on the spot. They found the dead body of one male person. His widow was beside him. He had injury on his chest, stomach and back. His widow disclosed his name as Raju Jamadar . P.W.1 informed the control room and a Police officer was sent and F.I.R was recorded. That is marked as Exhibit- 9. He has identified accused No.1 in Court.