FARUKH SHAIKH MOHAMMED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant has preferred this appeal against the judgment and order dated 30-03-1989 passed by the Addl. Sessions Judge, Pune, wherein he was convicted for having committed offence punishable under Sec. 302 read with Sec. 34 of the I. P. C. and was sentenced to suffer R. I. for life. His co-accused Nos. 2 and 3 were, however, acquitted of the said charge.

(2.) Deceased Wesley alias Ravikant, the son of complainant PW-1 Sarla Michael quri, was studying in 10th standard at the time of the incident which took place on 29-10-1986 at Khadki. Accused Nos. 1 to 3 are the members of a Cricket Club known as United cricket Team and accused No. 1 was the captain of the said team for the match that took place on 29-10-1986 at river bank between the united Cricket Team and Golden Friends cricket Team, of which PW-2 Rakesh shashikant Chaskar was the captain. In the course of the said match, dispute had arisen as to whether particular number of runs were made by Golden Friend Cricket Team. The victim deceased Wesley was sitting near one baboo Swamy who was the scorer. The quarrel ensued on the point of keeping proper score and said Baboo Swamy was teased on that point. Deceased Wesley told the persons teasing Baboo Swamy not to do so. Thereupon 2-3 players from United Cricket Team rushed to scorer Baboo to assault him and deceased wesley had intervened. Accused Nos. 1 and 2 had intervened and there was an exchange of fist blows. Wesley had then ran towards his house at Irani Chawl and as the play had stopped, the players of both the cricket teams had started returning to their houses in Khadki town. At that time, when they were returning home, Wesley came with the cricket stump in his hand and started assaulting accused Nos. 1 and 2. Accused No. 3 then handed over an open knife to accused No. 1 and accused No. 1 had then dealt knife blows in succession on wesley. One of these blows was given on the right side of his neck and he fell on the ground with bleeding injury. Accused Nos. 1 to 3 had then ran away. PW-8 had witnessed the incident and then called auto-rickshaw of one bhatia and Wesley was removed to Hospital. A girl from the neighbourhood of Irani Chawl, where PW-1 Sarla Michael resides, had informed about this incident and she rushed to the scene of incident, but learning that he was removed to the hospital and, therefore, went to the hospital. In the said hospital, wesley died. His dead body was then removed to the Sasoon Hospital and post-mortem was performed after inquest panchanama was prepared. Accused persons were arrested in due course on 30-10-1986 on which date accused No. 3 volunteered to make a statement that he would point out the place where the knife was hidden and led police to the said place and accordingly the weapon of offence was recovered from that place under panchanama. Statements of other witnesses also came to be recorded and seized articles were sent to the C. A. whose report was received in due course of time and is part of the present record. On completion of the investigation, the charge-sheet was sent to the court of law. The learned Magistrate committed the case to the Court of Sessions. The learned Trial Judge framed charge for the offence punishable under Sec. 302 read with 34 of I. P. C. against all the 3 accused persons, to which they pleaded not guilty. The defence of the accused is that of total denial of any criminal liability. The learned Trial Judge, on the basis of available evidence on record came to the conclusion that there was sufficient evidence available to bring home the guilt against the present appellant accused No. 1 for commission of the offence punishable under sec. 302 of the I. P. C. However, it was found that there was no evidence on record to arraign accused Nos. 2 and 3 and consequently they came to be acquitted. Hence the present appeal by the convicted accused No. 1.

(3.) We have heard the learned counsel for the appellant as well as the learned a. G. P. We have also perused the entire evidence on record.