BABLU ALIAS KARIM Vs. STATE OF MAHARASHTRA
LAWS(BOM)-2017-10-86
HIGH COURT OF BOMBAY
Decided on October 04,2017

Bablu Alias Karim Appellant
VERSUS
STATE OF MAHARASHTRA Respondents

JUDGEMENT

MANISH PITALE,J. - (1.) The appellant has been held guilty and convicted for offence under Section 302 of the Indian Penal Code (IPC) for causing the death of one Meghraj Nakade by dashing him with his mini truck, which he was driving on 09.05.1994 on the road leading to Gadchiroli at Armori. The allegation is that the appellant along with accused No. 2 Trilok came from behind in a mini truck being driven by the appellant and intentionally gave a dash from the back side to the aforesaid Meghraj Nakade, as a result of which he fell down. Thereafter, the appellant allegedly stopped the mini truck at a short distance and reversed the same to run over the said Meghraj Nakade, due to which the said victim died of serious injuries. It was alleged that the appellant has committed the aforesaid act because there was a hot exchange of words between him and the deceased on the previous day i.e. 08.05.1994, due to a dispute regarding non-payment of amount by the appellant to the deceased for purchase of 150 quintals of paddy. It was stated that the deceased was in need of the money because the marriage of his daughter was fixed for 16.05.1994 and that the appellant was not making the payment due to which the aforesaid dispute had arisen.
(2.) As per the prosecution there were three eyewitnesses to the aforesaid incident i.e. PW2 Keshao Kumbhare, PW11 Vishwanath and PW12 Bakaram. PW2 Keshao Kumbhare was taking morning walk on 09.05.1994 at about 5.30 a.m. when he heard a sound of the said mini truck giving a dash to the deceased and that upon the said mini truck coming to a halt near the shop of one Salim welder, the appellant got down from the side of the driver seat and that another person alighted from the other side. PW2 saw the deceased lying face down with serious bleeding injuries on the road. According to the prosecution, PW11 Vishwanath and PW12 Bakaram were the other two eyewitnesses who had gone to the nearby field for easing themselves when the aforesaid incident took place. These two witnesses have claimed that they saw the mini truck driven by the appellant giving dash to the deceased and reversing and running over the deceased. In their evidence, it has come on record that PW11 Vishwanath was at a distance of about 80 to 90 ft. and that PW12 Bakaram was at a distance of about 125 ft. from the place of the incident. These witnesses also claimed that the appellant and accused No. 2 Trilok got down from the mini truck and upon coming near the deceased, who had fallen face down on the road, stated "Mar Gaya Sala". It is relevant to mention here that PW2 Keshao, the other eyewitness, did not state about the appellant having reversed the mini truck to run over the deceased or that he and the accused no. 2 got down from the mini truck to utter the aforesaid words. PW2 Keshao also did not state anything about the presence of PW11 and PW12, the other two eyewitnesses to the incident.
(3.) PW3 Omprakash Nakade, younger brother of the deceased submitted the complaint leading to registration of first information report (FIR). The FIR was registered under Section 304-A of the IPC against the appellant for having caused the death of the victim by rash and negligent act. The investigation was initially undertaken by PW8 Chagan Wakade, who recorded the statements of witnesses and arrested the appellant. The investigation was later handed over to the Criminal Investigation Department (CID) and the papers relating to the investigation were handed over on 23.06.1994 by PW8 Chagan Wakade to PW15 Gajanan Shinde, who took up the investigation on behalf of the CID. The said PW15 prepared the sketch of the spot of the incident on 28.06.1994.;


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