RASHID SHNMOHAMMAD SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by the judgment and order dated 29th november, 2003 passed by the learned 2nd Ad hoc Additional Sessions Judge, Gadchiroli in sessions Trial No. 45 of 1991, thereby convicting the appellant/accused to suffer RI for life with fine for committing the offence punishable under Section 302 of the Indian penal; the present appeal is preferred by the appellant/accused.

(2.) The brief story of the prosecution can be unfolded as follows:-One Khemchand Parmanand Lalwani was running grocery shop along with his son namely Rajkumar under the name and style "vasant Shah Grocery Shop" at village ramgad. Rajkumar son of Khemchand who was looking after the business of the said grocery shop, used to reside in a room near grocery shop. The appellant/accused Rashid was a servant in the said shop along with the other servants Vijay Dewaji Barsagade, sudhakar Devaji Bharavi and Amrapal vishwanath Humne. On the date of incident i. e. 25. 05. 1991 at about 04:00 p. m. to 04:30 p. m. , the appellant came to the shop of khemchand. At the relevant time when rajkumar was sitting on the counter, the appellant demanded Rs. 15/- from Rajkumar and Rajkumar refused to give the amount. Rashid went away from the spot. It is further the case of the prosecution that in the night at about 09:00 to 09:30, when Rajkumar was taking meals with Amrapal (PW-1), the appellant entered the room, having a knife in his hand and delivered successive blows to rajkumar. Rajkumar cried loudly seeking help by saying, "bachao, bachao". Amrapal (PW-1)immediately went to call Dr. Wanare and some other persons namely Surpam Guruji and yelke Wireman. These above referred persons immediately rushed to the spot. On receiving the information, police also rushed to the spot. As Rajkumar had received serious injuries, he was firstly taken to Kurkheda Hospital and thereafter he was taken to Gadchiroli Hospital. Initially, the offence was registered under section 307 of the Indian Penal code and subsequently as Rajkumar succumbed to the injuries on 26. 05. 1991 at Gadchiroli Hospital, the offence was thereafter converted into an offence under Section 302 of the Indian Penal code against the appellant/accused. The police machinery after receiving the information was set in motion. The body was referred for autopsy and Autopsy Surgeon Dr. Narayan wanjari (PW-9) issued the postmortem report which is at Exh. 30. The statements of witnesses were recorded. Various panchanamas namely, spot of occurrence, seizure of the clothes, recovery of the weapon were drawn in presence of panchas. The articles were referred for chemical analysis and the CA reports (Exhs. 47, 48 and 49) were received by the investigating agency. On completing the investigation, charge-sheet was filed. The case was committed to the Sessions Court.

(3.) Per contra, Shri. S. S. Doifode, the learned Additional Public Prosecutor appearing on behalf of the respondent/state, submitted that the prosecution has brought cogent and reliable evidence in the form of the eye-witness, medical evidence and recovery of weapon at the instance of the appellant. He further submitted that the evidence brought by the prosecution is sufficient to bring home the guilt of the appellant and as such there is no reason to interfere with the impugned judgment and order.