ASHOK KAMLAKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE present criminal appeal is preferred by the appellant against the judgment and order of conviction dated 21-12-1993, passed by the Additional Sessions Judge, Aurangabad in Sessions Case No. 150 of 1993, whereby the appellant /accused was convicted for the offence punishable under section 307 of the Indian Penal Code, and sentenced to suffer R. I. for the period of seven years and also directed to pay a fine of Rs. 500/-, in default to suffer further R. I. for six months. The appellant is also convicted for the offence punishable under section 332 of the Indian Penal Code and sentenced to suffer R. I. for the period of two years and to pay a fine of Rs. 300. /-, in default to suffer further R. I. for three months. Similarly, the appellant is convicted for the offence punishable under section 135 of the Bombay Police Act and sentenced to suffer R. I. for four months and to pay a fine of Rs. 100/- in default to suffer further R. I. for one month. The appellant is also convicted for the offence punishable under section 142 of the Bombay Police Act, and sentenced to suffer R. I. for six months and to pay a fine of Rs. 200/- in default to suffer further R. I. for two months. Substantive sentences are directed to run concurrently. However, the sentences in default of payment of fine are directed to run consecutively.

(2.) WE feel it appropriate to consider certain relevant facts of the prosecution case which had resulted in prosecution of the present appellant/accused for the offences charged. On 10-2-1993, Head Constable Khandagale (P. W. 1) was on duty at Police Station, Vaijapur. This witness had received an information on phone that the present appellant /accused was behaving in disorderly manner in front of the Sub-Registrars Office, Rest House road at Vaijapur. Informant requested on phone that police staff be sent immediately. Head Constable (P. W. 1) had taken down the entry in the Station Diary and informed P. S. I. Pallewad, who was the Senior Police Sub Inspector at the relevant time. P. S. I. Pallewed (P. W. 7) along with other police staff reached to the spot and on seeing them, accused Ashok started running towards Sub-Registrars Office. The appellant entered into the front room of Sub-Registrars Office. P. S. I. Pallewad chased him and also entered into the front room of Sub-Registrars Office. P. S. I. Pallewad caught hold of the accused from behind. At that time, the appellant took out a Razor from his waist with his right hand and assaulted P. S. I. Pallewad with the same, causing bleeding injury on his chest. The appellant thereafter, again raised his hand to give second blow with Razor to P. S. I. Pallewad, however, at that time, Police Constable Gaikwad (P. W. 6) caught his right hand and snatched Razor from him. The alleged incident in question occurred at about 1. 30 p. m. P. S. I. Pallewad (P. W. 7) thereafter was taken to the Government Hospital, Vaijapur and on his directions Police Constable Gaikwad and others took the appellant to the Police Station, Vaijapur. Head Constable Khandagale (P. W. 1) seized the Razor (Art. No. 3) in the presence of panchas on production of the same by Police Constable Gaikwad at the police station. P. S. I. Pallewad was examined by Dr. Fadnis (P. W. 4), who had given the injury certificate in respect of the injuries sustained by the P. S. I. Pallewad, which is exhibited as Exh. 17. P. S. I. Pallewad thereafter lodged his complaint (Ex. 22), and the crime was registered against the appellant/accused.

(3.) P. S. I. Ghule (P. W. 8) thereafter took over the investigation in the instant case. He went to the spot and made a spot panchanama Exh. 30 and also seized the button (Art. No. 1) and the name plate of P. S. I. Pallewad in the presence of panchas vide Panchanama Ex. 30. P. S. I. Ghule thereafter also seized Shirt (Art. No. 4) and banian (Article No. 5) which was on the person of P. S. I. Pallewad at the time of the incident. P. S. I. Ghule arrested the appellant in the presence of panchas and as there were some injuries on the person of the accused, he was sent to the hospital where he was examined by Dr. Fadnis, who gave his report in respect of the injuries sustained by the accused. During the course of investigation, the full pant of the accused having some blood stains was also seized. The clothes of P. S. I. Pallewad, which were seized during the course of investigation, full pant of the accused and Razor (Art. 3) were sent to the Chemical Analyser, who had issued the report in respect of the analysis conducted by him.