MAHENDRANATH BRAHMANATH MISHRA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE Appellant-accused was tried in the Court of the Second Extra Assistant Judge and IV Additional Sessions Judge, Thane, in Sessions Case No.317 of 1983 for offence under Section 302 of the I.P.C. By his judgment and Order dated 5th April 1984, the learned Sessions Judge convicted the accused for offence under Section 302 of the Indian Penal Code and sentenced him to undergo R.I. for life and to pay a fine of Rs.100/- and in default, to undergo R.I. for three months. Being aggrieved by the said Judgment and Order of conviction, the Appellant-accused has preferred the present appeal to this Court.

(2.) AT the trial, the case of the prosecution was as under : The Appellant-accused was working as a Rakshak with the Railway Protection Force having its head-quarters at Kalyan. On the night between 6.7.1983 and 7.7.1983 the accused alongwith another R.P.F. Rakshak Bhagwatsing Satyanarayansing was posted on duty at Badlapur Railway Station, for guarding one loaded goods train. In the early morning on 7.7.1983 i.e. at about 3.30 a.m. the Madras-Bombay Mail was to pass Badlapur railway station. Though the line was clear, the said train halted outside Badlapur railway station and gave a whistle indicating that there was chain pulling. Shri Sandip Bhaskar Tadke (PW-1) was the Assistant Station Master then on duty at Badlapur. One Shri Laxman Ratan Kaklis was the Transportation Inspector with his head-quarters at Kalyan, who had then come to Badlapur railway station for checking. On hearing the said whistle of Madras-Bombay Mail, P.W.2 Laxman Kaklis asked R.P.F. Rakshak, P.W.3 Bhagwatsingh Satyanarayan Singh and the accused to go to the spot and find out the cause of chain pulling on that train. Both these Rakshaks had their 410 muskets alongwith the ammunitions. On going to the spot they approached one Baburam Ramvilas Shukla, who according to them had got down from the Madras-Bombay Mail near the outer signal at Badlapur railway station. Baburam Shukla refused to accompany them to the Office of the Assistant Station Master, Badlapur. One of the R.P.F. Rakshaks went to the Assistant Station Master's Office and reported the matter to P.W.2 Laxman Kaklis. Mr.Laxman Kaklis then went to the spot and asked the said Baburam Ramvilas Shukla to come to the Office of the Assistant Station Master, Badlapur, where the matter would be decided. Then the two R.P.F. Rakshaks took Baburam Shukla to the Office of the Assistant Station Master, Badlapur. In the office of the Assistant station Master, Badlapur, the accused had an exchange of words and abuses with the said Baburam Shukla. During that exchange of words, the accused aimed his 410 musket against Baburam Shukla and fired a cartridge from his musket, which hit Baburam Shukla on his chest. Baburam Shukla died on the spot as he was hit by the bullet from 410 musket of the accused on his chest. Mr.Sandip Tadke (PW-1), the Assistant Station Master called the Station Master Mr.Sohoni and gave a telephonic message to the control room Bombay V.T. about the said incident. By about 6 a.m. the Police Inspector Shri Belsare from Kalyan Railway Station reached Badlapur railway station and recorded the first information of the Asstt. Station Master Sandip Tadke on the basis of the same investigation was set into motion.

(3.) AFTER completion of investigation, the accused came to be charged as aforesaid. In support of its case, the prosecution examined as many as 10 witnesses. Sandip Tadke (PW-1), Laxman Kaklis (PW-2), Bhagwatsingh (PW-3), Balu Undare (PW-4)-Pointsmen, Manilal Mahesh Giri (PW-5) are the eyewitnesses. The medical evidence is given by Dr.Vasudeo Umbarkar (PW-6) and the details of investigation have been given by P.I. Vasant Belsare attached to Kalyan Railway Police Station.