SHRIKANT S/O RAMESHCHANDRA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both the Criminal Appeals challenge the same judgment and order dated 25.4.2003 rendered by the Additional Sessions Judge, Chandrapur in Sessions Case 64 of 1999 by and under which - appellant - accused Shrikant Rahate in Criminal Appeal 265 of 2003 and appellant - accused Raju Rahate in Criminal appeal 288 of 2003, are convicted for offence punishable under section 307 read with section 34 of the Indian Penal Code ("IPC" for short) and sentenced to suffer rigorous imprisonment for three years and to payment of fine of Rs. 1,000/-.

(2.) The incident occurred on 6.2.1999. Injured Atul Janwe lodged oral report at Warora Police Station on 6.2.1999 on the basis of which offence punishable under section 452, 324 read with section 34 of IPC was registered against accused and one juvenile in conflict with law (JC) - Pappu alias Deekpak s/o. Sambashiv Mahajan. The gist of the report is that at 8.00 p.m. on 5.2.1999, a quarrel between Ajay Janwe and JC and his friends took place due to an incident which occurred in cricket match. Ajay had abused the accused and slapped the JC. In order to extract revenge, the JC and the accused came to the house of injured and knocked the door. When the injured opened the door, the accused assaulted him by knife on abdomen, back, shoulder and hand. Pursuant to the said report, investigation ensued, upon completion of which, charge sheet was submitted in the Court of Judicial Magistrate First Class, Warora who committed the proceedings to the Sessions Court. The learned Sessions Judge framed charge (Exh.15) for offence punishable under section 452, 307 read with section 34 of Indian Penal Code. The accused abjured guilt and claimed to be tried in accordance with law. The defence is of total denial and false implication.

(3.) PW 1 Narendra Janwe is the cousin brother of the injured Atul. PW 1 has deposed that at midnight, he heard shouts in the name of Atul and told the persons calling out that Raju resided on the ground floor. PW 1 resides on the first floor of the house. He states that he again heard shouts, switched on the lights and saw that injured Atul had caught hold of accused Raju. Atul was bleeding from injuries sustained on stomach, back and head. The cross-examination is directed to bring on record that mistaken identity is a possibility due to the darkness in the staircase. It is elicited that he can not state with certainty that the accused present in the Court is the same person apprehended on the spot.