SHANKAR DHAKTYA RINJAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE Appellant has challenged his conviction and consequent sentence of death passed by the learned Additional Sessions Judge, Thane, in Sessions Case No.431 of 1994 on 6-8-1996. THE learned Sessions Judge has also made a reference for confirmation of the sentence. THE confirmation case as well as the appeal were heard together.

(2.) THE accused was charged for an offence punishable under Section 302 of IPC. THE prosecution case in brief is as under :- THE incident took place on 6-4-1994 at about 9.00 a. m. to 9.15 a. m. at village Ganjad near Primary Health Centre and the deceased was also residing in the vicinity and these facts are not in dispute.

(3.) IN the meantime one Narottam Prajapati PW 10 who has ultimately lodged FIR with the Police, reached there and he took the accused to one side in order to pacify him and told him that they would go to the Police Station and with that intention he attempted to stop vehicles passing by the road but no vehicle driver was ready to stop. However, in the meantime the Police Jeep in which PSI Khot and his staff were passing came there and he stopped when Prajapati asked the driver to stop and help him.