PRABHUDAS APPARAO BIDILIA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH this appeal the appellant challenges the judgment and order dated 10-11-1993 passed by IV Addl. Sessions Judge, Thane in Sessions Case No. 355 of 1992 convicting and sentencing him in the manner stated hereinunder :---

(2.) IN short, the prosecution case, runs as under :---Five eye witnesses of the incident, namely, Tumu Subbarao Laxmayya; Kalingi Raghavan Balkrishna; Lalmani Jaiswal; Hiramana Kadam and Rambhajan Kahar, P. W. Nos. 2, 3, 4, 5 and 6 respectively, informant Minal Chanda (PW 1) and the appellant, at the time of incident, were employed in Ordinance Factory at Ambarnath. On 12th November 1991 at about 10. 45 a. m. the appellant assaulted deceased Badrikhan, who was also employed in the said factory, with an aluminium rod on his head and also Tumu Laxmayya and Kalingi Balkrishna with the said aluminium rod on their head when they tried to rescue Badrikhan on the belief that they had mixed poison in his tiffin. The appellant was apprehended on the spot. Informant Minal Chanda brought him in the office of foreman and handed him over to the security personnel of the factory.

(3.) DECEASED Badrikhan, who was in a precarious condition, was immediately taken to the Ordinance Factory Hospital at Ambarnath, where he was examined by Dr. N. D. Naravane whose examination report is as under:-