PURSHOTTAM BALARAM GHARAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant - original accused NO. 2 has filed this appeal and challenged the order of conviction and sentence recorded by the learned IInd Addl. Sessions Judge, Raigad at Alibag dated 18-7-1994 passed in Sessions Case No. 80 of 1992.

(2.) WE have heard the learned counsel for the appellant and the learned A. P. P. for the State at length and with the help of the learned counsel for the appellant, we were taken through the evidence recorded during the trial as well as the judgment under challenge convicting the accused for the offence under section 302 read with section-34 I. P. C. and sentencing him to suffer life imprisonment. In all five accused were placed for trial before the learned trial Judge and the trial of original accused No. 3 and accused No. 5 were separated and accordingly during the trial the case was proceeded only against original accused Nos. 1,2 and 4As found from the record that the accused were placed for trial for the offence under sections 147, 148, 149 and 302 I. P. C. on the charge that they committed murder of Vishwas Yogendra Mhatre on 24-2-1992 at about5. 30 p. m. in Karle-Khind on Alibag-Pen Road near Pathru Devi temple, Tal. Alibag, Dist. Raigad. Deceased Vishwas Mhatre was arrested under MISA and was released on 10-2-1992. He was residing with his parents at village Khandala-Pirwada, Tal. Alibag, Dist. Raigad and accused Sunil and Purshottam original accused Nos. 1 and 2 were also the residents of village Khanda Dholpada, Tal. Alibag. A complaint was filed by P. W. 2 Pramila Yogendra Mhatre, mother of the deceased. As found, when she was in her residence, the said information was conveyed to her by one Sudhir Patil in evening at 6.15 p. m. On getting the information, P. W. 2 has left the place and went to the place where her son was murdered. According to her she came to Khandala Naka by a jeep and came to Karle Khind near the temple of Godess Patrubai and she saw the dead body of her son Vishwas on the road near temple towards Pen direction and she found her son dead. She also noticed the injury on his person on back, shoulder, neck and stomach. Thereafter she went to the Police Station, Alibag and narrated about the murder of her son Vishwas and the police has recorded her complaint.

(3.) WHILE taking us through the oral evidence as well as the documentary evidence viz. the panchanama of the scene of offence, the inquest panchanama and the complaint of P. W. 2, it was argued by the counsel for the appellant that the learned Judge was not right in accepting the prosecution case by accepting the evidence of P. W. 3 and the conviction of the accused based on the said evidence deserves to be discarded and accordingly prayed that the accused be acquitted and the judgment and order of conviction and sentence be set aside. The learned A. P. P. while supporting the judgment has vehemently urged that from the evidence of P. W. 3 his evidence is completely supporting the prosecution case as he was witnessed the incident and he was also at the relevant time with the deceased on a scooter and immediately when the accused had assaulted his friend, he ran away from the place and by catching the bus he reached Khandala and narrated the incident to mother of the deceased. According to the learned A. P. P. , the circumstances relied upon and proved by the prosecution viz. that after arrest of the accused at the instance of the accused the weapons were recovered and the circumstances clearly connect the accused who has committed offence by committing murder of deceased. The circumstances relied upon by the prosecution is also proved that as per the evidence of P. W. 3 the assailant came in an Ambassador car and even after the dash to the scooter, the assailants had assaulted the deceased and when this incident is seen by P. W. 3 his version is to be accepted and the learned trial Judge has rightly accepted his evidence and accordingly prayed that the order of conviction and sentence deserve to be confirmed.