JUDGEMENT- VISHNU SAHAI, J.:---By means of this appeal the appellants have challenged the judgment and order dated 31st May, 1982 passed in Sessions Case No. 6 of 1981, by the learned Additional Sessions Judge, Greater Bombay, whereby each of them have been convicted and sentenced in the manner stated hereinafter:

(i)Under section 302 read with 34 I.P.C. to suffer imprisonment for life and to pay a fine of Rs. 1500/- in default to undergo R.I. for one year; and

(ii)Under section 324 read with 34 I.P.C. to suffer R.I. for 18 months.

The substantive sentences of the appellants have been ordered to run concurrently.

2.Briefly stated the prosecution case runs as follows:

Appellant Ramesh Bhagwan Manjrekar and Vasudeo Bhagwan Manjrekar are real brothers. Appellant Ramdas Penter's wife and that of Ramesh Bhagwan Manjrekar are real sisters. Appellant Raju @ Don Shaikh Ibrahim is said to be an associate of the remaining appellants. Ms. Shakuntala Maruti Shelar P.W., 7 is the mother of the deceased Ramesh Shelar. Appellant Vasudeo and his brother Shashikant Manjrekar resided in her neighbourhood.

On 10-10-1980 at about 9.30 a.m. while Shakuntala P.W. 7 was cleaning utensils outside her room Shashikant Manjrekar came along with appellant Vasudeo and asked Ramesh Shelar as to why he had threatened Vasu (appellant Vasudeo Bhagwan Manjrekar). Ramesh Shelar denied having extended any threat. On that Shashikant told him  that if he did not know how to behave with his neighbours he should leave the place. Appellant Vasudeo is alleged to have told Ramesh Shelar that he will see him in the evening. Thereafter Shashikant and Vasudeo left.

(Note: This incident is spelled out in paragraph 3 of Shakuntala's statement. As it is described in the said para the same makes no sense. In our opinion Shakuntala's evidence in respect of it has not been correctly recorded by the learned trial Judge. After reading it we tried to make out as to what actually Shakuntala stated and that is what we have detailed above).

The same day at about 8.30 p.m. Ramesh Shelar was sitting on a cot in the Dhobi Ghat area, near the hair-cutting saloon in Asalpha village, Sakinaka, Greater Bombay. Along with him Shaikh Jalaluddin P.W. 2 was also sitting on the same cot. There was electric light nearby. At that time the appellants came towards them from the eastern side. Appellants Ramesh, Vasudeo and Ramdas were carrying a knife. Ramdas stood in front of Ramesh Shelar and asked him why he had threatened Vasudeo. When Ramesh Shelar got up from the cot he slapped him. When Shaikh Jalaluddin got up appellant Ramesh pushed him by his left hand, resulting in his falling on the cot. Thereafter appellant Raju inflicted a knife blow on his right leg. As a consequence of the said injury Shaikh Jalaluddin's pant became stained with blood. Thereafter appellant Raju caught Ramesh Shelar by his collar and took him towards the door of Sai Haircutting Saloon. Then appellant Ramesh stabbed Ramesh Shelar on chest. Thereafter, appellants Vasudeo and Ramdas assaulted Ramesh Shelar with gupties on the back. After Vasudeo assaulted Ramesh Shelar Shaikh Jalaluddin ran away from the place of the incident. It is also alleged that this incident was seen by Adam Hussain Baig, P.W. 3, Anaji @ Eknath Shantaram Salunke Patil P.W. 6 and Bharat Dhaku Rane P.W. 5. Bharat P.W. 5 however, became hostile. After assaulting Ramesh Shelar the appellants are alleged to have run away.

Adam Hussain P.W. 3 thereafter went to the residence of Ramesh Shelar and informed his mother Shakuntala about the incident. Thereafter along with Shakuntala he came to the place of the incident. Ramesh Shelar was lying in a gasping condition. Thereafter on a rickshaw he and Shakuntala removed Ramesh Shelar to Rajawadi Hospital.

3.Ramesh Shelar was medically examined at Rajawadi Hospital by Dr. Naresh Madanlal Khanna P.W. 9, the same day at 9.15 p.m. In the medical case papers Dr. Khanna has mentioned that Ramesh Shelar had sustained an incise

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