STATE OF MAHARASHTRA Vs. VINDYCHAL KAMHA KEWAT

JUDGEMENT

(1.) THIS appeal has been preferred by the State of Maharashtra against the acquittal of the respondent of offence punishable under Sec. 395 or Section 396 of I. P. C. passed by the Additional Sessions Judge, Thane on 31.8 . 1984 in Sessions Case No.35 of 1984.

(2.) THE respondent and other four persons stood charged for committing offence under Section 395 and 396 I. P. C. by committing the murder of one Chandulal Shah at9.45 p. m. on 11.10. 1983 on the road in the area known as Kanhere, Taluka Bhiwandi, District Thane. THE respondent committed the murder of Chandulal Shah and committed dacoity of property worth Rs. 29,980/- along with one calculator, 2 cheques, one mangalsutra and documents belonging to the complainant Shantilal Shah.

(3.) HAVING found Chandulal sustaining bleeding injuries on his chest and some one from the crowd which was collected there having advised Shantilal to bring a doctor, he went to Dr. Sadanand who was residing in the adjoining building and brought him to the spot. After leaving the doctor at the spot, Shantilal himself went to the house searching for Harakchand. Harakchand however, was not in the house. He, therefore, went to the house of one Devchand Nepasa where it was reported that Harakhchand had gone. But Harakhchand was not there. He, therefore, went back to the spot. From there, he took a bicycle and proceeded along with one Hitesh in search of Harakhchand. Harakhchand met him on way. He narrated the entire incident to Harakhchand. From therefore, all of them went to the spot. At that time, it seems that the matter was reported to the police by someone and police had already reached the spot. It is thereafter that Shantilal and Harakhchand went to Kumbharwada Police station and Shantilal lodged a complaint with the police.