SHASHIKANT MITHAILAL SHARMA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant has preferred this appeal against the judgment of the learned Court of Sessions, Grater Mumbai in Sessions Case No. 1134 of 2001 dated 21.11.2003 whereby the appellant is convicted for the offence punishable under Section 302 of the Indian Penal Code and sentenced to suffer R.I. for life and to pay fine of Rs.2,000/- and in default to suffer further R.I. for one year.

(2.) The case of the prosecution was that the accused and deceased were friends. There was a theft at the place where the appellant and deceased were working about 3.1/2 months prior to the incident. The deceased informed P.W. No. 4 whose money was stolen that it was the accused who had stolen the money and on account of this, the accused had a grudge against the deceased and had threatened him. The incident occurred on 20.08.2001 on which day, according to prosecution, the appellant at about 6.00 a.m. hit a stone slab on the head of the deceased thereby causing his death. A complaint was lodged on 20.08.2001 by Shri. Ketan Bhatt, P.W. No. 1 against an unknown person.

(3.) The eye witness, if any is Pradip Mohan @ Bhuvelal Sahu, P.W. No. 8 who according to prosecution was sleeping at the same place as deceased Rajesh. At about 6.00 a.m. on hearing a big noise, he got up and saw the accused Shashikant standing and then running away. He gave chase but could not catch the accused. When he came back to the place, he saw Rajesh (deceased) lying in a pool of blood and there was heavy bleeding from the head injury. A big and heavy stone was lying at the scene of the incident. As he was scared, he left the place and met his friend Anil and Sagar. He came to know that police were in search of him. One constable met him at C.P. tank. He went to the police station where he was interrogated and his statement was recorded. This witness therefore, is not an eye witness to the actual incident but a witness who had seen the accused running away from the scene of offence after he heard the noise and got up.