KISHOR EKNATH NIKAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Jagdish Prabhakar Babar (A-1) and Kishor Eknath Nikam (A-2) have been convicted by the Additional sessions Judge, Kolhapur for the offences punishable under Sections 302, 504, 506 (2) read with Section 34 of the Indian Penal Code (IPC) and they had been sentenced to suffer life imprisonment and pay a fine of Rs. 5,000/ - and in default to suffer R. I. for six months for the offences punishable under Section 302 read with Section 34 of IPC. They have also been sentenced to suffer R. I. for three months each and pay a fine of Rs. 500/- each and in default to suffer S. I. for six months for the offence punishable under Sections 504,506 (2) read with Section 34 of IPC. A-1 has approached this Court by means of Criminal appeal No. 130/2000 and A-2 has come up in appeal by means of Criminal Appeal No. 727/ 1999. We heard both the appeals together and these appeals are being disposed of by us by this common judgment.

(2.) We shall first advert to the facts alleged and the sequence of events that occurred on 11-04-1998 as has emerged from the prosecution evidence.

(3.) On 11-04-1998, Mahendra vishwasrao Ghatge (P. W. 1) , Prashant (deceased) and one Uttam had their dinner at maruti Hotel in Laxmipuri. After their dinner, they returned to Azad Chowk. P. W. 1 and prashant sat on the steps in front of one shop styled as "shanti Plywood"; Uttam had left the spot. Vijay Bapusaheb Piste (P. W. 2) and bandu @ Vijay Dnyandeo Gata (P. W. 3) were sitting inside one cement godown nearby. A- 1, A-2 and Arun Hulswar (A-3) came from the side of Ghate Hospital. A-1 was on scooter, while A-2 and A-3 were on bullet motorcycle. They proceeded towards Hindu chowk but immediately returned and stopped their vehicles on the side of the road. A-1 called Prashant. Prashant went near him; some talks started between them that later turned into heated verbal altercation. P. W. 2 and p. W. 3 on hearing verbal altercation, came out of the godown. A-1 took out the knife from the side of his waist and rushed towards prashant to stab him. P. W. 2 and P. W. 3 pushed a-1 backside. P. W. 1 then entered the godown to seek help. He found one electric tubelight and bamboo lying there and came out of the godown armed with them. By that time A-1 and Prashant had reached near Audi Pan Shop. When P. W. 1 was about to reach there, A-1 stabbed Prashant in his abdomen. A-2 and A- 3 were standing there. A-2 showed his knife and asked P. W. 2 and P. W. 3 to stand aside. P. W. 1 gave a blow of tubelight on the head of a-1 and a bamboo blow on the rear side of his head. P. W. 1 ran away towards the side of bindu chowk. P. W. 3 attempted to snatch knife from A-2 and in that scuffle P. W. 3 sustained cut injury on the left hand middle finger. Prashant fell down on the ground. A-1 gave about 5/6 knife blows on various parts of body of Prashant. Then all the three, A-1, A-2 and a-3 ran away. P. W 2 immediately gave the information of the incident at Juna Rajwada police Station. Based on that First Information report (Exh. 31) was registered. Investigation commenced; autopsy on the dead body of prashant was conducted by Dr. G. D. Nalawade (P. W. 14) ; accused persons were arrested; medical examination of A-1 was got done and the recovery of two knives (Article 14 and Article 16) was made at the instance of A-1 and A-2. On conclusion of the investigation, all the three accused persons were charge-sheeted for the offences punishable under Sections 302, 504, 506 (2) read with Section 34 of IPC and committed to the Court of Sessions, Kolhapur.