Criminal Appeal No. 189 of 1993. Case: Shankar Kondiba Gore Vs State of Maharashtra. High Court of Bombay (India)
| Case Number | Criminal Appeal No. 189 of 1993 |
| Counsel | For Appellant: R. V. Kini, Advs. and For Respondents: D. G. Bagwe, APP, Advs. |
| Judges | M. S. Rane , J. and V. Sahai , J. |
| Issue | Indian Penal Code (45 of 1860) - Sections 299, 300, 302, 304 (II) |
| Citation | 1995 CriLJ 93 |
| Judgement Date | August 12, 1994 |
| Court | High Court of Bombay (India) |
Judgment:
Sahai. J.
-
The appellant aggrieved by the order dated 13th November 1992 passed by the Additional Sessions Judge, Greater Bombay, in Sessions Case No. 782 of 1989 convicting him under Section 302 of IPC and sentencing him to suffer imprisonment for life and to pay a fine of Rs. 500/- and in default of payment of fine to further undergo SI for two months, has come up in appeal before us.
-
The prosecution case in brief, as contained in the FIR lodged by PW 1 Govind Tukaram Deogikar is that the deceased Arun Kisan Bhosale and the appellant belonged to the village of the informant. The deceased was working in Shrikrishna Tea House, Vithalwadi, Kalba Devi. He, the informant and some others used to sleep in the same compound. The appellant is said to have been working at Hanuman Tea House, C. P. Chawl, Abdul Rahman street. It is said that the appellant and the deceased were friends and used to have a common lunch; each bringing his own tiffin. It is stated that about 9 to 10 days prior to the incident, which is alleged to have taken place, on 17-04-1989, the appellant had asked the deceased to bring his tiffin box and the latter had not brought it. Consequently, the appellant had beaten the deceased and also torn his Baniyan. It is said that the deceased too in return had beaten the appellant. On the night of 16/17-4-1989 the deceased, informant PW 1 Govind Tukaram Deogikar and two other witnesses of fact, namely PW 3 Suresh Raghunath Dindale and PW 6 Prakash Laxman Koditkar, are said to have slept within close proximity of one another. It is alleged that at about 5- 5-30 a.m. the informant woke up and after responding to the call of nature again lay down on his bed. About half an hour later i. e. at about 6-00 a.m. the informant heard the deceased shouting 'Pakya' and on his aforesaid shouts the attention of the informant was drawn in the direction in which the deceased was sleeping and he saw that the appellant was standing near the deceased, with a knife in his hand. Thereafter the appellant is alleged to have run away. The attention of the other two witnesses of fact is also alleged to have been attracted on hearing the shouts of the deceased and they are said to have seen the appellant running away from the place of the incident with a knife in his hand. An endeavour was made by the witnesses to catch the appellant but he managed to run away.
-
After the appellant had run away the informant and others offered some water to the deceased, who was still alive. Thereafter PW 6 Prakash brought a taxi and on the same Arun was taken to J. J. Hospital. On the way, he is said to have been repeating, at last Shankar stabbed me by a knife. In...
To continue reading
Request your trial