- (1.)The appellant is in appeal against the judgment of the High Court of Bombay in Criminal Appeal No. 217 of 1994 relating to an order passed by the Ist Additional Sessions Judge, Nagpur in Sessions Trial No. 94 of 1988 on 20-6-1994 whereunder the accused-appellant was convicted along with two other accused persons for the offences under Sections 302 and 452 read with Section 34 of the Indian Penal Code and sentenced to suffer imprisonment for life and to pay a fine of Rs 1000 each, in default, rigorous imprisonment for six months, and rigorous imprisonment for one year and to pay a fine of Rs 500 each, in default, rigorous imprisonment for three months respectively.
(2.)The prosecution case in brief runs as below: On 13-9-1987 at around 9.00 p.m., the appellant Baba (Original Accused 4) along with one Sheshrao (Original Accused 1) and Vithal (Original Accused 3) all of a sudden entered the house of the deceased Shankarrao and assaulted him with knife-blows on his chest. Thereafter, deceased Shankarrao was brought out of the house by the accused persons and he was dragged to a place near Kumbhar Galli where he was assaulted by appellant Sheshrao with a knife inflicting blows on his chest and abdomen. His wife Rukmabai raised cries when her husband deceased Shankarrao was still being assaulted and was almost done to death. She shouted for help to rescue her husband from the clutches of the appellants and because of her cries and shouts some persons gathered near the place of incident. The appellants immediately fled away from the place of occurrence. Rukmabai then rushed to the house of Police Patil Dashrath Chikhale (PW 4) and informed him that her husband was done to death by the appellants. Dashrath Chikhale accompanied Rukmabai to the place of occurrence. He saw the dead body lying in the lane. The clothes of the deceased were stained with blood. He recorded the complaint given by Rukmabai and submitted it to Police Station Katol by going to the police station personally. PSI Islam (PW 14) was attached to Police Station Katol; on 13-9-1987 and at about 2345 hours, he received the complaint and on the basis thereof an offence was registered bearing Crime No. 278 of 1987 under Sections 302, 454 read with Section 34 of the Indian Penal Code. He also lodged a first information report on the basis of the complaint. PSI Islam, on the same day visited the spot and in the presence of Police Patil Dashrath Chikhale prepared spot panchnama, inquest panchnama of the dead body of deceased Shankar and sent the same to Municipal Hospital, Katol, through Police Constable Bhaskar for carrying out the autopsy. The usual formalities were complied with and the post-mortem was performed at Municipal Hospital, Katol on 15-9-1987 and the following injuries were found on the dead body of the deceased:
'(1) Stab wound over the left lateral abdominal wall along posterior axillary line 8" below from the left axilla, size was 2" x 1" obliquely situated and is cavity-deep. Edges are clean-cut narrowing towards downward. Blood clots were seen and intestine is easily seen through the wound caused by hard, pointed and sharp object.

(2) Stab wound over the left lateral abdominal wall along the posterior axillary line 1" below Wound 1, obliquely situated, size 1" x 1" cavity-deep; edges are clean-cut; blood clots seen, caused by hard, pointed and sharp object.

(3) Stab wound over the left side of the chest just below the left aorta, transversely situated, size 1 1/4" x 1/2" x 3/4"; direction of the wound towards the chin; blood clots were seen; edges are clean-cut, caused by hard, pointed and sharp object.

(4) Abrasion at the left hypochondrial region, transversely situated, 3" x 1/4" superficial caused by hard, blunt and rough object; blood clots were seen.

(5) Abrasions three in number in the left hypochondrial region, transversely situated, the size was:

(1) 1" x 1/2" superficial.

(2) 3/4" x 1/4" superficial.

(3) 1/2" x 1/4" superficial.

blood clots were seen caused by hard, blunt and rough object.

(6) Contusion over the left anterior superior iliac point left iliac crest. Swelling present, size 2 1/2" x 1" regular, blackish in colour caused by hard, blunt and rough object. All these injuries were ante-mortem. The probable cause of death is due to shock due to severe haemorrhage due to injuries to spleen, kidney (left) and renal vessel and descending aorta as shown in columns 20 and 21 in post-mortem report (Exhibit 41).'

(3.)The trial commenced and at the trial before the Additional Sessions Judge, the charge was framed against the accused persons and upon recording of evidence, the learned Sessions Judge came to a definite conclusion as regards the guilt of the accused persons and sentenced them as noticed above.