SANTOSH CHANGU KARNEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant/original accused has directed this Appeal against the Judgment and order dated 29 th April, 2004, passed by the learned Additional Sessions Judge, Niphad in Sessions Case No.2 of 2003. By the said Judgment and order, the learned Sessions Judge convicted and sentenced the Appellant under Section 302 of the Indian Penal Code (IPC) and sentenced him to suffer life imprisonment and to pay fine of Rs.1000/ in default R.I. for three months.

(2.) The prosecution case, briefly stated, is as under: On 26 th July, 2002, P.W. No.1, complainant Mohammad Tohid Khan was travelling by train from Mumbai to Patna. One Mohammad Akbar Khan i.e. the deceased was also travelling along with him in the said train. So also P.W.No.2 Mohammad Sahabuddin was also travelling in same compartment of the train in which P.W. No.1 Complainant Mohammad Tohid Khan and Mohammad Akbar Khan were travelling. One red bag on which Reebok was written was hanging on a hook in between two seats. At about 3.45 to 4.00 p.m., P.W. No. 1, complainant Mohammad Tohid Khan got up to go to the toilet. He saw some persons sitting on single chairs in between which the Reebok bag was hung, taking the bag and handing it over to the present Appellant. The complainant went to sleep. After few minutes, he came to know that robbery was going on in the train. When he opened his eyes, he saw the Appellant had placed a knife on the right side of his chest and the Appellant told him in Marathi to hand over whatever he had. P.W.No.1 complainant handed over amount to him. Within few minutes, he heard the deceased Mohammad Akbar Khan shouting. Mohammad Akbar Khan came near him in injured condition and showed him that his intestines had come out. At that time the Appellant came near the Complainant P.W.No.1 and asked whether Akbar Khan was with him. As the complainant was afraid, he said that Akbar Khan was not with him. Thereafter, the Appellant pulled the chain and stopped the train and went away along with 8 to 10 persons. The time was about 4.15 a.m., at that time. Akbar's injury was tied by means of a cloth. At the next railway station the train was stopped and Akbar Khan was taken to hospital. However, Akbar Khan died at about 6.00 a.m. to 6.15 a.m. P.W. No.2 Mohammad Sahabuddin was also travelling in the very same compartment. He had fallen asleep. He then heard someone saying "NIKAL SALA, NIKAL SALA". When he opened his eyes, he saw the Appellant and one more person were threatening the passengers with knives and extracting money. Thereafter, the Appellant came near, and the Appellant pointed out knife at him and asked him to give him whatever he had. This witness took out Rs.4,000/ which was with him and handed it over to the Appellant. Then he saw the Appellant turned to another passenger i.e. the deceased Mohammad Akbar Khan and threatened him with knife and told him to give whatever he had. The passenger took out some money and handed it over to the Appellant. But the Appellant told him to take out some more money. At that time, the passenger i.e. Mohammad Akbar Khan caught the hand of the Appellant and questioned him as to what he was doing. Thereupon the Appellant gave filthy abuses and stabbed Mohammad Akbar Khan in his stomach with the knife. The stomach of Mohammad Akbar Khan was torn. His intestine came out and blood started flowing from the injury. P.W.No.1 complainant Mohammad Tohid Khan took the injured to hospital where as stated earlier he died at about 6.00 to 6.15 a.m. P.W.No.1 complainant Mohammad Tohid Khan lodged the First Information Report (FIR). Thereafter, investigation commenced. The dead body of Mohammad Akabar Khan was sent for postmortem. The postmortem notes show that Mohammad Akbar Khan was stabbed with sharp cutting injury on the left iliac region of abdomen 7 inches x 2 inches and cavity deep. The cause of death was due to sharp cutting stab injury. After completion of investigation the chargesheet came to be filed. The case was committed to the Court of Sessions.

(3.) Charge came to be framed against the Appellantoriginal accused under Section 302 of IPC. He pleaded not guilty to the said charge and claimed to be tried. His defence is that of total denial and false implication. On going through the evidence adduced in this case, the learned Sessions Judge convicted and sentenced the Appellant as stated in paragraph No.1 above, hence this Appeal.