SHRIKISAN ZUMBARLAL BOOB Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) SINCE both these matters arise out of the same set of facts and a common judgment we are disposing them off by one judgment. Criminal Appeal No. 109 of 1985 has been preferred by the appellant, Shrikisan Zumbarlal Boob against the judgment and order dated 17th January 1985, passed by the Additional Sessions Judge, Pune, in Sessions Case No. 143 of 1984, convicting and sentencing him to undergo 3 years R. I. and to pay a fine of Rs. 2500/ - in default to suffer R. I. for 3 months for the offence punishable under section 307 I. P. C. While admitting Criminal Appeal No. 109 of 1985 a learned Single Judge of this court was pleased to suo motu issue a notice to the appellant to show cause as to why his sentence be not enhanced. Criminal Revision Application No. 79 of 1985 arises out of the said notice.

(2.) IN short the prosecution case runs as under: The appellant is the uncle of the victim Kamalkishore Ramvilas Boob, P. W. 6. On 27th December 1985 the victim who was aged about 11 to 12 years, along with his sister Priti and his mother had come to the premises of the appellant situated at 669. Deccan Gymkhana. Pune. In the said premises the appellant and Eshwar Shankar Kanse P. W. 1 were living as tenants. At about 1. 30 p. m. Eshwar Kanse P. W. 1 who was doing plastering work in a portion of the said premises went to the terrace to store sand, lime etc. At that time he noticed the appellant trying to pull the victim Kamal Kishore who was resisting. The appellant ultimately caught hold of him and threw him on the ground, which was 30-35 feet below the terrace. He appeared to be in an angry mood and went back to his premises after throwing Kamal Kishore. Eshwar Kanse rushed to save Kamal Kishore and on the way met the appellant's wife and told her to accompany him to sale the victim. When he came he noticed that many persons had assembled near the victim. Apart from Eshwar Kanse and the victim this incident was witnessed by Hirabai Sadashiv Gavade P. W. 3, who was residing in a building situated at a distance of only 3 to 4 feet from the place of the incident. The evidence of Eshwar Kanse is that at that time he heard the noise of weeping of a girl of tender age coming from one of the shops, which was closed and situated in the same premises. He opened the lock of the shop and found Priti in it.

(3.) THE victim Kamal and Priti were taken to the hospital and Eshwar Kanse proceeded to Deccan Gymkhana Police Station, where he lodged the FIR. Exhibit 10, the same day at 2 p. m. The FIR was recorded by P. S. I. Bhaskarrao Shinde P. W. 8.