MUNNA ALIAS SHIVDAS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant Munna @ Shivdas has preferred this appeal being aggrieved by the order of conviction and sentence passed by the ilnd Additional Sessions Judge, Shrirampur in Sessions Case No. 29 of 2004 decided on 7-2-2006, whereby the appellant was convicted for offence punishable under section 302 of the Indian Penal Code and sentenced to suffer imprisonment for life and to pay a fine of Rs. 2,000/- in default to undergo R. I. for 3 months.

(2.) Briefly stated, it is prosecution case that deceased Ganesh Kisan Pawal was working as a salesman in the shop of Chandrakant Darade (PW9) at shinganapur, where there is famous Shani temple. Deceased Ganesh used to work from 8. 00 a. m. to 8. 00 p. m. He was residing at Vanjarwadi with his mother mandabai, father and sister. On 27-4-2004 the deceased Ganesh attended his work at the shop of Chandrakant Darade (PW9) from morning. At 2. 00 p. m. Chandrakant Darade (PW9) went to Vanjarwadi. Ganesh took meals. Since there was no customer, he went to sleep. At about 2. 30 p. m. the appellant who was son of the owner of Shani Mahatma Lodge and Hotel, came to the place where deceased Ganesh was sleeping and while Ganesh was asleep, he gave slap on the cheek of Ganesh. Ganesh got up and he also retaliated by giving a slap to appellant Munna and questioned for slapping him. Appellant Munna asked why he did not pay the outstanding dues of the hotel. There was exchange of words and appellant Munna took out a knife and inflicted blows on the abdomen, back and other parts of the body of Ganesh. This was seen by Dnyaneshwar Kardile (PW3), Vishnu Bhumkar (PW2) and Akbar Shaikh (PW4) as they came hearing the quarrel. Thereafter appellant ran away. Chandrakant Darade (PW9) was called. He along with others took Ganesh to the hospital of Dr. Atul Khalkar (PW13) at Ahmednagar in an ambulance. While Ganesh was being treated, P. S. I. Jadhav arrived there and recorded the complaint as given by Ganesh which was treated as the first information report. Ganesh died in the hospital on 29-4-2004 at about 3. 35 p. m. Thereafter his dead body was taken to the Civil Hospital where Dr. Munot (PW10) performed post-mortem.

(3.) Dr. Khalkar further stated that at about 6. 00 p. m. police came and asked whether they could record statement of Ganesh. Dr. Khalkar examined Ganesh. Ganesh was conscious and oriented about time and place. Accordingly Dr. Khalkar made endorsement that patient was conscious and oriented in time and place. Thereafter statement of Ganesh was recorded by P. S. I. Jadhav of Sonai police station. The doctor stated that he was present when said statement was being recorded. The patient was in a position to give statement. He made endorsements on the statement before and after recording of the complaint. He proved the complaint as one given in his presence by the patient and signed by the patient.