PARSHURAM VITHOBA JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH this appeal the appellant challenges the Judgment and order dated 3-5-1991 passed by the Additional Sessions Judge, Pune in Sessions Case No.307 of 1990, whereby he has been convicted and sentenced in the manner stated hereinafter :-

(2.) IN short the prosecution case is that the victim Pandurang Rajvir PW 8 was working in TELCO canteen since 1975. There were 98 workers in the canteen. At the time of the incident, 87 workers were on duty, 2 were suspended and 2 namely the appellant and Mohan Khot were not on duty. According to the prosecution, on 7-2-1989 at about 8.45 p.m. on account of union rivalry, the appellant along with 6 other participated in an incident at Datta Nagar near the house of Mohammed Sicalkar, in Taluka Mulshi, District Pune, during the course of which Pandurang Rajvir PW 8 received injuries. It is alleged that the appellant inflicted knife blow on the lumber region of Pandurang Rajvir who fell down as a result thereof and thereafter the associates of the appellant assaulted Pandurang Rajvir with deadly weapons. The victim Pandurang is alleged to have identified his assailants in street light. It is alleged that a girl from the locality of Datta nagar saw the victim lying on the place of the offence and went to his house and informed his wife Sunita Rajvir PW 1 who immediately came on the place of the incident and with the help of some others took her husband to dispensary of Dr. Kulkarni situated near the place of the incident. Dr. Kulkarni situated the injuries of the victim and advised that he be taken immediately to Sasoon Hospital. One Bhaskar Lele PW 7, who was working as a Supervisor in TELCO company wherein the victim and the appellant were employed, brought an ambulance and on the same, the victim was shifted to Sasoon Hospital.

(3.) THE F.I.R. of the incident was lodged by Sunita PW 1 wife of the victim, the next day i.e. on 8-2-1990. It was recorded by PSI Dinkar Pawar PW 9. On its basis, a case under section 307 IPC was registered. The case was investigated in the usual manner. During the course of the investigation, on 23-3-1990, in the presence of public panchas a knife was recovered on the pointing out of the appellant from the gap between the roof and wall above the door of the house of the appellant in Ganesh Nagar Kalewadi. It is significant to point out that six un-known accused persons who are alleged to have participated along with the appellant could not be traced out during the investigation. After completing the investigation, PSI Pawar submitted the charge sheet against the appellant.