PRAKASH DATTARAM TALWADKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant together with five other persons was charged with the commission of offences punishable under Sections 147, 148 and 302 read with Section 149 of the Penal Code and, in the alternative, of an offence punishable with Sections 302 read with Section 34. The Additional Sessions Judge by a judgment dated 13th September, 2002 convicted the Appellant of the offence punishable under Section 302 read with Section 34 of the Penal Code and sentenced him to suffer rigorous imprisonment for life and to a fine of Rs. 5,000/- and in default thereof to suffer rigorous imprisonment for a further period of three months. The five other accused were acquitted.

(2.) Arjun Balu Dhurat retired from the service of the Police Department. He had three sons. Of them Rajaram was working as an electrician. On 21st July, 1989 Rajaram is alleged to have left home in connection with his work. On his return home at about 5.30 p.m., he left for a visit to his sister who resided in her matrimonial home at Ramabai Nagar, close to the place where he resided with his father. At about 8.30 p.m, after his return, it is alleged that the Appellant visited the house and asked Rajaram to accompany him. Rajaram followed the Appellant. The case of the prosecution is that Rajaram's father - Arjun followed him. The Appellant resided in close proximity. Four or five persons were alleged to have assaulted Rajaram. The Appellant is alleged to have stabbed Rajaram with a knife on his chest. Rajaram's father intervened, but was pushed into a gutter. Rajaram rushed into his house, shouting that he had been stabbed by the Appellant. His father Arjun followed him into the house where a pool of blood had collected. The victim was rushed initially to the Bhandup Police Station by Arjun Dhurat and his son-in-law by rickshaw and from there to the Rajawadi Hospital. In the rickshaw, Rajaram was alleged to have stated that he had been stabbed with a knife by the Appellant. A police officer followed the victim, his father and brother-in-law to the Rajawadi Hospital at Ghatkopar. The victim was examined there by Dr. Sujata Samant, the Medical Officer on duty at 9.55 p.m. The following injuries were found on the victim:

(3.) Rajaram succumbed to his injuries soon after his admission to hospital and he was declared dead at 10.15 p.m.