The strength of circumstantial evidence and the authority of the District Legal Services under Section 357a of Cr.P.C. were central to the judgment.

JUDGMENT

Sarang V. Kotwal, J. - The appellant was the sole accused in Sessions Case No.977/2015 before the Sessions Judge for Greater Mumbai facing charges of commission of offence punishable under Section 302 of the Indian Penal Code. at the conclusion of the trial, by the impugned judgment and order dated 5.5.2017, the learned Sessions Judge, Greater Mumbai convicted the appellant for the offence punishable under Section 302 of IPC and sentenced him to suffer imprisonment for life and to pay a fine of Rs.10,000/-; and in default to undergo sentence of three months. The amount of fine was directed to be paid to PW-12, who was wife of the victim. In addition, the District Legal Services authority was directed to grant compensation of Rs.1 Lakhs to her in accordance with the scheme under Section 357a of Cr.P.C..

2 Heard Mr.Shakil ahmed, learned counsel for the appellant, Mr. a.a. Palkar, learned aPP for the State and Mr. Shailesh Kharat, learned counsel appointed for Respondent No.2.

3 The prosecution case is that, in the night of 9th to 10th august, 2015 between 1.30 a.m. to 2.45 a.m. at Zenith Building, Keshav Pada, Mulund (West), the appellant committed murder of one Ganesh Gaur by assaulting him with a toilet-trap.

4 In support of its case, the prosecution examined fourteen witnesses. The important witnesses were PW-1 Janardhan Dubey and PW-2 Shivkumar @ Shiva Chauhan. The other witnesses were the panchas, wife of the deceased, other security guards and the investigating officers. Besides the deposition of witnesses, the prosecution produced Chemical analysis reports on record.

5 The defence of the appellant was of total denial.

6 PW-1 Janardhan Dubey had lodged the FIR, which is produced on record at Exhibit-8. He has stated that he was working as a Security Guard at Zenith building, where construction work was going on. He was allotted one room on the ground floor for residing. There were twenty labourers doing work of polishing marble. He was knowing the deceased, PW-2 Shiva and one Ramji. all of them were residing on the ground floor in a room in B-Wing. PW-1 was also residing in B-Wing. There were three parking space floors having numbers 'P-1', 'P-2' and 'P-3'. From then onwards, the first floor of the building started. This witness used to lock that floor so that no one could enter the building above the parking space. On 9.8.2015, in the night he was on duty. at around 1.30 a.m. on 10.8.2015, he was sleeping in his room. Before that, as usual, he had locked the first floor of the building. at about 3.45 a.m., PW-2 Shiva woke him from sleep. He was told by Shiva that there was some problem at 'P-2' parking space. Both of them went there. They saw that the appellant was standing in front of his room. He told them that there was some problem on the 11th floor. This witness was sure that nothing could happen on the 11th floor as the entrance of the floor was locked. Instead, he searched on the same parking space 'P-2'. He saw that Ganesh was lying in a pool of blood near a commode. There were blood stains on that commode. as he made enquiries with the appellant, he looked disturbed and frightened. He was about to run away but PW-1 and PW-2 caught him and locked him in a room. PW-1 then called the police and handed over the appellant to the police. His statement was recorded, which was treated as FIR.

He was cross-examined on the point of number of security guards employed, about the position at 'a-Wing', about the entire area of Zenith building. This was hardly of any consequence. He has admitted in the cross-examination that he searched at 'P-2' parking floor after that they came out; and then they saw that the appellant was standing in front of his hut. He denied the suggestion that he was deposing falsely.

7 PW-2 Shivkumar @ Shiva Chauhan was another important witness. He has stated that on 9.8.2015 he himself, the deceased Ganesh and the appellant had gone out to consume liquor in the evening. after returning, they had food