DONDU GANPAT DIVEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH this appeal the appellant challenges the judgment and order dated 18-2-1995 passed by the Additional Sessions Judge. Greater Bombay in Sessions Case No. 274 of 1981, whereby he has been convicted and sentenced in the manner stated hereinafter:

(2.) IN short the prosecution case runs as under: the informant Nana Tatyaba Mohite. P. W. 2. was the brother of the deceased Uttam Tatyaba Mohite. They resided together in a hut situated at Azad Nagar. Ghatkopar. Bombay. On 6-3-1981 at about 11 p. m. both of them were discussing in a loud tone about the theft that had taken place sometime back at their house in village Tondavali about which they had learnt from a letter sent by their parents. At that time the appellant who was residing in a neighbouring hut came towards them and abused them saying that they were disturbing him. On that they stated that they were taking about their domestic problem and the appellant had no business to interfere. On this the appellant abused them and thereafter went back inside his hut returned with a screw driver and thrust the same on the right side forehead of Uttam. When the informant tried to intervene the appellant bite him on the middle finger of his left hand and also inflicted a fist blow over his right eye. This incident apart from the informant Nana Tatyaba Mohite was seen by Smt. Kousalya Mohite wife of the deceased Smt. Radhabai Govind Bhajnawal P. W. 4 and Mrs. Shobha Nana Mohite P. W. 5. It is said that Kousalya pulled the screw driver from the wound on Uttam's forehead. After assaulting Uttam and Nana the appellant ran away. Therefore the informant one Ramesh and others took Uttam in a taxi to Ghatkopar Police Station, where Radhabai stayed behind. Nana then took Uttam in the said taxi to Rajawadi Hospital.

(3.) AT Rajawadi Hospital Uttam was pronounced dead by the doctor. Thereafter Nana Mohite alongwith Ramesh came to Ghatkopar Police Station.