WILSON BENJAMIN CASTOLINO Vs. STATE OF MAHARAHTRA

JUDGEMENT

(1.) This is an appeal by the original accused No. 1 who has been convicted by the I Ad hoc Additional Sessions Judge, Kalyan for offences under section 302 read with 34, section 450 read with 34 and 393 of the Indian Penal Code. We heard the learned Advocate for the accused-appellant Mr. Patil and the learned APP. The conviction is in the background of the following facts :

(2.) On 10-6-1997, the shop was opened by Kamlesh as usual. At 8.40 pm, the complainant's brother Laxman went upstairs to perform Puja. The deceased Shankar was at home on the first floor. At 8.45pm, three persons entered the shop. One of them stood near the gate of the shop to keep watch. The second person took out a revolver and the third person i.e., the accused appellant entered the shop with a Rampuri knife. He showed the Rampuri knife to the complainant. The complainant Kamlesh started shouting for help and, therefore, his brothers Laxman and deceased Shankar came down in the shop. They saw the accused-appellant with a knife. Therefore, both of them surrounded and apprehended the accused. The accused started abusing. Scuffle was there. At that time, this accused gave a blow on the navel of the complainant. Laxman had caught the accused and, therefore, the accused bit on the hand of Laxman and during that process, the accused stabbed Shankar in the stomach and left side chest. 3-4 injuries were there on the body of Shankar but Kamlesh and Laxman caught this accused and overpowered him.

(3.) Hearing the shouts, public and other relatives came. The other accused i.e., one having revolver and the other standing at the gate ran away and disappeared in the darkness but those accused were caught on the spot. In the scuffle, they had also received minor injuries.