NAZIR FAKHRUDDIN AHMED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Called out for final hearing. Heard the learned counsel for the appellant. The appellant who is one of the accused out of the two accused has taken an exception to the Judgment and Order dated 31st Jan. 2015 passed by the learned Sessions Judge, Pune. The appellant-accused No.1 has been convicted for the offence punishable under section 302 of the Indian Penal Code ("IPC") and the accused No.2 has been convicted for the offence punishable under section 323 of the IPC.

(2.) The first informant is P.W.No.2-Shamsunder Joshi who at the relevant time was working as a Captain in the Hote Golden Pam. He was residing with Vishnu Bhatt, Mandev Bhatt and Rameshchand. Vishnu Bhatt was working as a Waiter in the Hotel Poona Gate where the present appellant was working as a Waiter. Deceased Lalit Mohan Joshi is the cousin of Shamsunder. The deceased was working as a Waiter in Hotel Sai Press at Yerwada, Pune.

(3.) On 16th Aug. 2011 around 10.30 in the morning, when Vishnu was making a phone call to his sister, the appellant obstructed him and complained to the employer as the said Vishnu was on duty. Therefore, his employer seized the cell phone of Vishnu. On 22nd Aug. 2011, in the afternoon around 4.20 p.m., deceased Lalit and Manoj came to the room of Vishnu for purchasing railway tickets. Manoj, deceased Lalit and Vishnu went to Bhakti Shakti Garden, Nigadi and thereafter, they went to one wine shop. They consumed beer and went to Jyoti Lunch Home for dinner. The appellant-accused came there and there was an exchange of words as well as abuses between them. When the deceased Lalit enquired with Vishnu as to why accused is abusing, he disclosed the incident of quarrel over the mobile phone. Thereafter, the deceased Lalit picked up a beer bottle and threw it towards appellant-accused. The bottle hit the wall. At that time, P.W.No.4 Sambhaji Pawar who was the owner of the hotel in which they were sitting pacified the quarrel and drove out all the four persons out of his hotel. While the deceased Lalit was going down by stair case, the accused No.2 assaulted him by kicks and fists blows to him. At that time, the appellant rushed towards Lalit and assaulted him by a beer bottle on his head. Due to fear, Lalit ran towards first floor. He was chased by the appellant. The allegation is that the appellant thereafter assaulted the deceased Lalit and threw him down from the balcony. As a result, deceased Lalit sustained injuries and he succumbed to the injuries.