ARJUN PRABHAKAR KUNJAWANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) SINCE these appeals arise out of the same incident and a common impugned judgment, we are disposing them off by one judgment. These appeals arise out of judgment and order dated 7-12-1994 passed by the additional Sessions Judge, Greater Bombay, in Sessions Case No. 534 of 1992, whereby the appellants have been convicted and sentenced in the manner stated herein after:- (i) Under S. 302 r/w 34, IPC to suffer imprisonment for life; (ii) Under S. 37 r/w 135 of the Bombay Police Act to suffer R. I. for four months and to pay a fine of Rs. 100/- i. d. to undergo S. I. for one week. The substantive sentences of the appellants were ordered to run concurrently. It would be pertinent to point out that along with the appellants, one Ashok bhingardive was also tried but, since the evidence against him was of identification and the admission of the informant Sushila P. W. I in cross-examination was that prior to the test identification, she had seen the said person at Dadar Police Station, he has been acquitted by the learned trial Judge.

(2.) IN short, the prosecution case runs as under :--The appellants were friends of the deceased Shankar who used to live in a hut near Jogani Industries, Masjid Galli, Zopadpatti, Bhavani Shankar Road, Dadar bombay-26. On the date of the incident (1-10-1991) at about 7 p. m. the appellants came to the hut of the deceased and enquired from his wife Smt. Sushila Cholap PW-1 the whereabouts of her husband. She replied that he had gone out. At about 11-30 p. m. the same night, the deceased Shankar returned to his hut. At about 1-15 a. m. that very night, the appellant Arjun armed with a gupti and the appellant Arjun armed with a scythe along with the acquitted accused Ashok Bhingardive came to the hut of the deceased-Shankar. At that time, Shankar along with the informant Sushila pw-1 and his daughter Savita P. W. 2 was sleeping in front of his hut. The appellants started assaulting Shankar with their weapons. This assault on Shankar was witnessed by Sushila who on account of a headache, was awake at that time, her daughter Savita (Kavita) who got up on hearing her cries and Ashok Bhagyawan p. W. 3, a cousin of Shankar, whose hut was situated opposite that of Shankar. After assaulting Shankar, the appellants and the acquitted accused ran away.

(3.) THE evidence is that after the incident, Sushila leaving her husband proceeded to Dadar Police Station and Ashok proceeded to inform Shankar's relatives. The evidence also is that pursuant to the information given by Sushila, police came on the place of the incident and thereafter took Shankar to - K. E. M. Hospital, where he was pronounced dead. It is alleged by the prosecution that Sushila and shankar also thereafter reached K. E. M. Hospital.