IBRAR MUIOS KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant was charged for having committed the murder by intentionally or knowingly causing the death of Mehalsingh darshansingh, driver of motor lorry GJ-3v-7338 by knife on 15th June, 2005 to 16th June, 2005 between 23. 30 hrs. to 7. 50 a. m. and thereby having committed an offence punishable under section 302 of the Indian Penal Code. The accused, according to the prosecution was doing the work of mechanic in the same area where a car was parked that night. In support of their case the prosecution has examined 16 witnesses and have also placed on record the C. A. 's report. The learned Ad hoc Additional Sessions Judge by judgment dated 24th February, 2006 was of the opinion that the prosecution had proved their case beyond reasonable doubt and consequently convicted the appellant of the charge under section 302 of the Indian Penal Code. The appellant was acquitted on all the other charges.

(2.) According to the prosecution the deceased Mehelsingh Darshan Singh was working as a driver on Truck No. GJ-3v-7338 owned by one Jayantilal Shah. One Raju Patel was working as cleaner on the said truck. On 14th June, 2005 after unloading the goods from the truck at Bhiwandi, the truck was driven by darshan Singh came to Mumbai and parked in Danabunder on Pune Street. Some minor repairs were at Guru Garage located at Dana Bunder between 4. 00 p. m. to 7. 30 p. m. After that the deceased along with the cleaner Raju Patel and two other drivers of other vehicles drank liquor in the body of his truck. Raju Patel the cleaner thereafter brought tiffin from a nearby hotel for them and they all took dinner by sitting in the body of his truck. After taking dinner, all other drivers went to their respective vehicles. The deceased also went to another truck and started talking to the driver. At about 11. 00 to 11. 30 p. m. the accused who is working as a mechanic in a garage in Danabunder was also present there. When the deceased was talking with other driver, the accused interrupted him and, therefore, the deceased asked the accused not to interrupt their talks. A quarrel ensued between them and in that quarrel the deceased slapped the accused. In turn the accused abused the deceased. Babu watchman who was present nearby came and separated them. The accused then took out a knife and threatened the deceased that he would show him and would not spare him and went away. Raju patel came there and took the deceased to his truck and asked him to sleep. Accordingly the deceased slept in the body of the truck, while Raju Patel slept in the cabin of the truck. On 16th June, 2005 at about 6. 0 a. m. when Raju Patel went to awaken the deceased, the deceased was found lying in a pool of blood with injuries. This was informed by Raju Patel to Jayantilal Shah the owner of the truck by telephone. He then proceeded to inform the police about the incident. 2a. We may now consider the evidence available on record. There is admittedly no eye witness to the incident which is purely based on circumstantial evidence. It is in that context that we may consider the evidence of P. W. 1, ambadas Dnyanoba Kakad, A. S. I, attached to Dongri Police Station. According to him on 15th June, 2005 he was on night duty as pillion rider on beat No. 1 between 7. 00 p. m. to 9. 00 a. m. on the next day. On 16th June, 2005 at about 7. 45 to 7. 50 a. m. when they came to Danabunder Police Choky one person came running who disclosed his name as Raju Patel and stated that when he went to awake his driver in the morning he did not give any response. They immediately went to the place and saw the deceased in a sleeping condition and noticed the wounds on his neck, which were bleeding as also on his stomach. He contacted south Region Division on Walkie-Talkie and asked for help of Dongri-I Mobile van. The mobile van reached that place within 5-7 minutes. In his examination he has stated that there is a slum situated nearby the place where the truck was parked. He further stated that Raju Patel did not tell him that he had heard any shouts. The deceased was of medium built.

(3.) P. W. 7 is Sikander Balgovind Singh. According to this witness he knows the accused as Ibrar and he also knows Raju Cleaner. According to this witness raju had come to his garage which is known as Guru Garage and informed him that the driver had been murdered whereupon he told him to inform Police. According to this witness there was no quarrel between the accused and deceased prior to this incident in his presence.