Criminal Appeal No. 126 of 1991. Case: Rashtrapal Vs The State of Maharashtra. High Court of Bombay (India)
| Case Number | Criminal Appeal No. 126 of 1991 |
| Counsel | For Appellant: M. R. Daga, Adv. and For State: Mrs. Indira Bodade, A.G.P., Adv. |
| Judges | M. B. Ghodeswar, J. and S. P. Kulkarni , J. |
| Issue | Indian Penal Code (45 of 1860) - Section 300 |
| Citation | 1996 CriLJ 2336 |
| Judgement Date | January 18, 1996 |
| Court | High Court of Bombay (India) |
Judgment:
M. B. Ghodeswar, J.
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The appellant has challenged the judgement and order passed by Second Additional Sessions Judge, Bhandara dated 30-3-1991 in Sessions Trial No. 57/89 for his conviction and sentence for the offence punishable under Section 302 of Penal Code.
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Initially the appellant and two other accused Shrawan and Gunda, were tried for the offences punishable under Sections 302 and 201 of Indian Penal Code, for causing the murder of Rahul Raibhan Naik a resident of Bela, Police Station, Bela, District Bhandara on 21-3-1989 at about 6 a.m. Prosecution alleged that there was quarrel between the accused and deceased Rahul and his father over construction of a house and about the encroachment on the site for keeping a way leading to the house of the accused. The quarrel took place on 18-3-1989. Subsequently they agreed to keep the space open for the way. On 21-3-1989 in the early morning Rahul was assaulted. He was sleeping in the courtyard. He shouted in the name of his wife Maya (P.W. 9). She noticed all the accused in the courtyard and running. She narrated this to the parents of Rahul-Sonabai (P.W. 10) and Raibhan (P.W. 11). Many persons gathered. Rahul had sustained bleeding injuries. He was unconscious. One doctor Bandebuche of the village was called. He advised to shift the injured Rahul to General Hospital, Bhandara. The parents of Rahul took him to General Hospital. Dr. Udhav Taksande (P.W. 13) examined Rahul and informed the Police Station Officer by letter Ex. 35 that some unknown persons assaulted Rahul. As per the advice of doctor, Rahul was shifted to Government Medical College Hospital, Nagpur. He was admitted there. Ajani Police Station, Nagpur, recorded the statement of Sonabai (P.W. 10) about the incident which is Ex. 65. Rahul succumbed to his injuries on 23-3-1989 at 4.40 p.m. Throughout Rahul was unconscious. Dr. Ashok Tank (P.W. 12) performed post-mortem examination. The offence was registered in Ajni Police Station and it was transferred to Police Station, Bhandara. Appellant was arrested on 23-3-1989. His clothes were seized. Instrument of crime i.e. one iron rod was also seized under Exs. 55 and 56. After completion of necessary investigation charge-sheet was filed.
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During trial, the prosecution has examined in all 14 witnesses including wife Maya (P.W. 9), parents of deceased Rahul, Sonabai (P.W. 10) and Raibhan (P.W. 11) and Purushottam (P.W. 7) and Anita (P.W. 8) on the point that appellants...
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