MIRCHU GUMANMAL DAMNANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) AS this matter is very old and it has been shown on the board for last several dates, we have took up this appeal for hearing on 23/06/1998. Since the counsel for the appellant was absent on that day, we partly heard this case for some time with the assistance of the A. P. P. and adjourned the matter to the next date. Since then it has been shown on the board as a part heard matter. Today also, when we took up to matter for further hearing, learned counsel for the appellant was absent. Therefore, we proceed with hearing of the appeal and deliver the judgment on merits in the absence of the counsel of the appellant. We are justified in resorting to this course of action, particularly in view of the decision reported in 1996 AIR SCW 2986, Bani Singh and others Versus State of U. P. The said decision is cautioning the appellate court against the dismissal of appeal for default in the absence of the counsel concerned.

(2.) WE have read the judgment of the court below and perused the records and evidence in this case. The appellant was convicted and sentenced for the offence under Section 302 of I. P. C. for life by the Additional Sessions Judge, Pune in Sessions Case No.38 of 1984.

(3.) AT the trial, the feeble defence that has been pleaded by the accused was he was falsely implicated because he was victim of rivalry between two groups in that area indulging in illicit liquor business and the prosecution witnesses are all out to spite the accused. This defence is however, rejected by the court below, according to us, rightly. It has come out from the ocular account of the eye witnesses that the deceased Narayan died on account of the injuries inflicted to the accused. The version of the eye witnesses is so credible that inspires confidence. The offence was committed in the broad day light in the crowded area of the city of Pune, P. S. I. Mr. More has himself witnessed commission of the offence by the accused. Even if other eye witnesses could be discarded, presence of P. W. 4, P. S. I. Mr. More can not be doubted. As per the post mortem report, the deceased was having 2i injuries. Almost all the injuries are incised and all are certified to be anti mortem. The report also indicates internal damages. According to P. W. 6 Dr. Laxman who did the autopsy of the corpse, intern costal muscles were cut at few places. Ribs were cut. There was haemorrhage both the side of chest cavity. The diafram of the left side is cut through and through. The lungs were collapsed and showed cuts at 8 places. The heart was showing cut on the under surface of the left ventricle. The internal injuries are corresponding to external injuries mentioned at Sr. Nos. 3,4,5,6,7,8 and 9 . According to Dr. Laxman, the cause of death of the deceased was traumatic and hemorrhagic shock due to multiple stab injuries on chest and abdomen and the said injuries are possible with a knife article 1. The Chemical Analyser's report shows the knife contains blood stains of the deceased. The injuries on the person of accused as explained by the doctor who examined him as only minor and it was due to handling of the knife with which the accused have committed the offence. Therefore, from medical evidence it can be safely concluded that the death of the deceased was an homicidal death. The ocular account of the eye witnesses fully corroborates with medical evidence.