ANKUSH DILEEP CHAVAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal is filed by the accused in Sessions Case No.809 of 2002 in which he has been convicted for the offence punishable under Section 302 of Indian Penal Code and sentenced to rigorous imprisonment of life. He has also been fined of Rs.1000/-, in default, to undergo rigorous imprisonment for six months.

(2.) '' The story of the prosecution was that in the evening of 22nd May, 2002 the accused and the deceased had a scuffle and the accused left the place for short period returning with a knife and stabbed the deceased. Since many people were living below the bridge where this incident occurred, therefore, there were many eye witnesses to the incident. Charge was framed against the appellant under Section 302 of IPC, but, he pleaded not guilty. During the trial, the prosecution examined 11 witnesses and the case was based on the testimony of eye witnesses and also on evidence with regard to recovery of the knife which was allegedly used for the purpose of committing the offence.

(3.) '' PW-4 Ganesh is another eye witness who stated that he used to sale lemon outside Dadar railway station between Tilak railway bridge and Dadar railway station. He knew the accused and he also knew the deceased. Witness, accused and deceased also lived beneath Tilak bridge. He identified the accused. On 22.5.2002, he and Prakash Tony were talking to each other after business was over at about 7:45 p.m. to 8:00 p.m. There was a conversion going on between Ankush Chavan and Rinku Reddy and some boys. Rinku asked the boys what was going on and go away. After a while, Ankush Chavan came back and he was having knife in his hand. Ankush Chavan assaulted Rinku Reddy on the chest at left side. Thereafter Ankush Chavan ran on the bridge. The witness, Ganesh, Prakash Tony and Deepak followed the accused to catch him. Now, as far as the incident is concerned, he supports the story given by PW-2, but, neither PW-1 nor PW-2 stated that the accused was chased by so many people. According to PW-1 he was the only person who chased him. According to PW-2 also, only PW-1 chased the accused. He also stated that after the incident they went to K.E.M. Hospital along with the deceased at 9:00 p.m.. They met police in K.E.M. Hospital. The witness, Prakash Tony, Ganesh, Deepak and Keshav were in K.E.M. Hospital. Only one Ganesh was there in the hospital with him. In the hospital, police did not make any enquiry with him. He himself did not tell anything to the police. He did not feel it necessary to immediately approach the police in K.E.M. Hospital. He was confused, therefore, he simply sat after the patient was declared dead, then chowky police asked him what had happened then he narrated the story. He introduced another controversy by saying that there was a police chowky beneath Keshav Soot Bridge and there were always one or two policemen in the Chowky. He did not go to the said Chowky to inform about the occurrence. Thereafter he has further stated that there was no chowky, but, there was table and two constables were posted at that place. From the place of occurrence the policemen were at 2 to 3 minutes walk. It is surprising that if there is police chowky just at a distance of 2 to 3 minutes walk, the police had no information about this occurrence and nobody out of so many, who claimed to be present, went to that police chowky to inform the police.