PREMSINGH SADORASINGH LABANA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal takes exception to the conviction and sentence recorded against the appellants for their allegedly committing an offence punishable under section 302 read with 34 of the Indian Penal Code.

(2.) The prosecution case is that complainant P.W. 1 Rukmini was married to deceased Savtusingh Labana. Appellants are the full brothers of Rukminis mother. Rukimini and untraced witness Santoksingh are cousins, being children of sisters. P.W. 1 Darasingh and Savtusingh were the children of cousins. All of the lived in Gurutej Bahadur Colony at Ulhasnagar, District Thane. Savtusingh was once in the employ of the appellants and left their employment because of the non-payment of a part of his dues. This naturally left a trace of bitterness between the two sides. A week or so prior to 16-2-1986, to be precise on 8-2-1986, Santoksingh and Savtursingh had been beaten up by the appellants. No report of this crime was given at the Police Station. The injured had however taken treatment from a private doctor. The injury caused to Santoksingh was examined at the Ulhasnagar Central Hospital on 17-2-1986 by P.W. 2 Dr. Bhujbal came the evening of 16-2-1986. It being a Sunday evening, Rukmini and Savtusingh together with their children went to the house of the first named persons parents for the usual film show. This was because Rukminis parents had a T.V. set. The T.V. that evening was showing an old Hindi film and apart from the couple also present were Darasingh and Darshansing, latter a full brother of Rukmini. At about 7.30 p.m. there came an intermission in the screening of the file. The Marathi news began and Savtusingh expressed a desire to leave saying that the film being screened was no good, that he had to arrange for material to execute a contract and further that he had to meet some people. Upon a request made by him, Darasingh also left the place with him.

(3.) Savtusingh and Darasingh headed for Nehru Chowk in Ulhasnagar when they came across Santoksingh. He joined the duo and all of them went towards Siry Chowk via Sona Market. On the way, the trio came across the appellants. Sighting the appellants, Savtusingh requested them to pay his dues. The appellants declined and the trio proceeded ahead. While sthey were thus walking, appellant Premsingh stabbed Savtusingh in the back with a kinfe. Savusingh cried, out in pain and it was then that Darasingh saw appellant Premsingh pulling out the knife from the back of the injured person. Appellant Sajansingh raised his hand gripping a chain to strike at Savtusingh and the fear-stricken Darasingh took to his heels. He went and concealed himself in a urinal in one of the bylanes. Here, he was for half-an-hour and after coming out went to the house of Rukminis parents. Before he could inform them of the murder of Savtusingh, Makhanbai the dead persons mother-in-law told him of her son-in-law having been done to death by the appellants. Darasingh further learnt that Savtusingh had been taken to a hospital and all of them went to the hospital.