BANTI ALIAS SANJAY UJAGARSINGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH this appeal, the appellant challenges the Judgment and order dated 8-1-1993 passed by the Additional Sessions Judge, Greater Mumbai, in Sessions Case No.184 of 1992, whereby he has been convicted and sentenced in the manner stated hereinafter:-

(2.) IN short, the prosecution case runs as under:- The deceased Laxman Chandivade at the time of the incident was residing in Room No.308 of Building no.9 in PMGP Colony, Govandi, Bombay along with his wife Anandibai, PW 2, his son and daughter. There was one Malti Shirke, mother of the appellant, whom the deceased had accepted as his sister. Malti used to reside in a hut in front of PMGP Colony. She had lost her husband. She had three issues; a daughter Sunita, a son Vijay and another son Banty @ Sanjay the appellant. The appellant was a problem child and used to pick up quarrels with Malti. When it became unbearable for her, she sent him to reside with the deceased and Anandibai. They treated him like a son, obtained for him a driving licence for a rickshaw; and even hired a auto-rickshaw for him. However, he did not give up his wayward habits inspite of the deceased consistently advising him to do so. On the converse, on account of the advise of the deceased, he started nursing a grudge against him and Anandibai. Two days before the incident, Laxman and Anandibai turned out the appellant from their room and this he could not stomach.

(3.) THE evidence is that P.I. Namdeo Dhengle recorded the information conveyed to him by S.I.Waghmare in the message book of the police station and directed him to visit the hospital immediately. Consequently, S.I. Waghmare went to Ward No.11, in Rajawadi Hospital. S.I.Waghmare found that the injured Laxman had been taken in the operation theatre and was not likely to be in a condition to make a statement. Consequently, he made enquiries from Anandibai who was present at the hospital. On the information given by Anandibai, he recorded the FIR and obtained her signatures. Since the information conveyed by Anandibai disclosed an offence under section 307 IPC and 506(2) IPC, S.I.Waghamare, telephonically contacted P.S.Deonar to obtain the Cr.No. and on receiving the same registered Cr. No. 681/1991 of police station Deonar against the appellant. The evidence is that next morning at about 9 a.m. the injured Laxman succumbed to his injuries at the Rajawadi Hospital. When this information was conveyed at police station, Deonar, the case was converted from section 307 to one under section 302 IPC.