VISHNU GOVARYA JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant aggrieved by the judgment and order dated 6-1-1987 passed by the IInd Additional Sessions Judge, Thane, in Sessions Case No. 223 of 1986, convicting and sentencing him to undergo imprisonment for life under section 302, Indian Penal Code has come up in appeal before us.

(2.) IN short, the prosecution case is that about two and a half months prior to the incident, a quarrel had taken place between the appellant and the deceased Pandurang, in connection with the business of selling fish, and the former had threatened the latter that he would see how long he would carry on the business of selling fish. At about 5. 00 p. m. on 25-3-1984 Pandurang told his wife Ladkai P. W. 1 that he was going in the village and took a sum of Rs. 5/- from her. He thereafter went to the shop of Latif Abbas P. W. 6 and purchased Bidis and Chana. Thereafter he left the shop and proceeded to road which passes by the cattle pound. At that time Shivda P. W. 2, Marvat P. W. 3 and Krishna P. W. 4 were following him. At about 7. 00 p. m. when Pandurang came near the cattle pound, the appellant came from the opposite side. On seeing Pandurang the appellant took out a knife and inflicted a blow on the left side of the chest of Pandurang who shouted loudly and fell down on the ground. The appellant thereafter, ran away. Marvat and Shivda went to the house of P. W. 5 Khalid Patel and told him about the assault made by the appellant on Pandurang. Thereafter, all of them came to the place of incident. By that time Pandurang had died. The Deputy Sarpanch Dundya Gowari was also called on the spot and on his advice, Shivda and Marvat went to the house of the deceased and informed Ladkai, his wife.

(3.) THE F. I. R. of the incident wherein the appellant is named was lodged by Ladkai P. W. 1 at about 12-30 a. m. on 26-3-1984 at Police Station Manor. It was recorded by P. S. I. Maruti N. Sanap P. W. 9. On the basis of F. I. R. C. R. No. 53/84 was registered.