IINDRAJEET @ INDRYA PACHORAM BALOTIYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is preferred by the original accused No.1, challenging the judgment and order dated 6th January, 2007, passed by the Ad-Hoc Additional Sessions Judge, Thane, in Sessions Case No.179 of 2005, thereby convicting the appellant, for the offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer R.I. for life and to pay fine of Rs.1,000/- in default to suffer R.I. for one month.

(2.) Brief facts of the appeal can be stated as follows :- On 29/12/2004, at about 00.20 hrs, while P.W.1 PSI Pokale was on night patrolling duty in the area of CBD Belapur, he received wireless message that one person in injured condition was lying in front of Raheja Circuit Building at Sector 11. Hence, he went there and found the appellant lying in injured condition on the footpath. On enquiry, the appellant gave his name as Ashok. Considering his condition, he was taken to N.M.C.Hospital at Washi. As the appellant did not regain consciousness, his statement could not be recorded. P.W.1 PSI Pokale, then again went to the spot and made enquiry with P.W.8 Mohammed Laskar, who was watchman in the Mayuresh Building. On the basis of that enquiry, it was transpired that the said watchman had heard noise of quarrel, going on between 3 to 4 poor persons in front of Mayuresh Building. Out of them, one injured person i.e. appellant herein went towards Raheja building.

(3.) In pursuance of this information, P.W.1 PSI Pokale went further and found that two persons were lying in the injured condition on the right side foot way. Both of them had succumbed to the injuries. At some distance from the said place, one knife and one Jambia alongwith chilly powder, cigarette packet and lighter were also found scattered. It was transpired that the appellant and his associate had assaulted these two persons. Hence, P.W. 1 PSI Pokale lodged complaint (Exh.18) on behalf of State against the appellant and his associate.