- (1.) Leave granted.
(2.) Challenge in this appeal is to the judgment of Bombay High Court, Aurangabad Bench, dismissing the appeal of the appellant who faced trial for alleged commission of offence punishable under Section 302 of the Indian Penal Code, 1860 (in short "IPC") and was sentenced to imprisonment for life by learned Additional Sessions Judge, Ahmednagar.
(3.) Background facts in a nutshell are as follows: The complainant Sajay Vithal was serving as a Waiter in Sanjog Hotel for 2-1/2 months prior to the incident. Pradip Panjabi is the owner of the said hotel. Business in the hotel is conducted from 5 p.m. to 11 p.m. After closure of the hotel, complainant Sanjay alongwith 5 workers of the hotel used to reside in a staff room. Hotel was closed on 3.11.1999 at 11.30 p.m. Pradip Panjabi and other staff members went out at about 1 a.m. Thereafter on 4.11.1999 around 1.30 a.m. in the night, altercations took place between Ramesh Nayar and Anna Devraj (hereinafter referred to as the "deceased") on the point of switching off the lights. Both used to reside in the staff room. At that time, complainant, Kundlik Chavhan and Chhotu intervened. Thereafter complainant and Anna Devraj slept in the staff room. At about 8.30 a.m. complainant heard loud noise relating to a quarrel and got up. He saw the accused and the deceased quarrelling and accused inflicting two blows by a wooden log on the head of Anna Devraj. Ramesh Nayar threatened the complainant that if he disclosed anything to anybody, he will teach him a lesson. Hence complainant went out of the room. He disclosed the incident to the persons in the hotel working as gardeners in the morning. At that time, Anna Devraj was not speaking anything. He was lying unconscious and moaning. Thereafter owner of the hotel was informed on phone. He came and the deceased was shifted to Civil Hospital for treatment. His right ear was bleeding. Thereafter, the complainant and hotel owner went to Tophkhana Police Station and reported the matter to police as per Exh.26. A.S.I. Puri registered the offence as Crime No.227/99 under Sections 307, 506 of IPC and handed over investigation to PW.7. P.S.I. Jyoti Madhav Karandikar. After completion of investigation, charge sheet was placed and accused-appellant faced trial as he denied the occurrence and pleaded false implication. The trial Court placed reliance on the evidence of Sanjay Diwate (PW-5). It is to be noted that certain other persons i.e. Dhirendera Suryavanshi (PW-2), Ashok Palve (PW-3) and Datta Pingale (PW-6) were claimed to be eye-witnesses, but they made departure from the statements given during investigation. The trial Court found the evidence of PW-5 to be credible and cogent and recorded his conviction and imposed the sentence of imprisonment for life.;