JUDGMENT

Vishnu Sahai, J. – The appellant aggrieved by the judgment and order dated 13th December 1993 passed by the Additional Sessions Judge, Ratnagiri, in Sessions Case No. 91 of 1992, convicting and sentencing him to undergo life imprisonment under section 302 IPC, has come up in appeal before us.

2. Briefly stated the prosecution cases as under:

The informant Suraj Paste (P.W. 1), Mahesh Tilekat (P.W. 2) and the deceased Harishchandra Nachankar were friends. On 20th July 192 at about 7 p.m. they had gone on an autorickshaw to see places to see places like Thiba Palace, Hanuman Temple etc. in Ratnagari. At about 10.30 p.m. the same day, they reached the rummy club of Adam Memon, situated near the new vegetable market, within the limits of Ratnagiri City Police Station, Ratnagiri. At that time the deceased Harichandra askede the appellant, who was present in the club, as to where Adam Mamon was. On that the appellant hotly replied that he did not know his whereabouts and he could search for him. An exchange of abuses and hot words took place between the appellant and the deceased and the appellant took out a dagger (Knife) from the side of his waist and inflicted blows with same on the head, neck and other parts of the body of the deceased. The informant Suraj Paste and Mahesh Tilekar became panickly and ran away from the place of the incident and went to Ratnagiri City Police Station, where P.I. Sonawane (P.W. 6) was present.

3. The F.I.R., according tot the prosecution was recorded at 11.40 p.m. on 20.7.1992 at Ratnagiri City Police Station by P.I. Sonawane P.W.6 on the dictation of the informant Suraj Paste.

4. The Post-mortem examination of the dead body of Harichandra was conducted by Dr. Avinash Vithal Lokhande (P.W. 4) and Dr. Chougule (not examined) between 7 a.m. to 8.20 a.m. on 21.7.1992. Dr. Avinash Lokhande found on the dead body in all 14 injuries which were of a triple nature – incised wounds, punctured wounds and abrasions. He found that beneath injuries 1 and 2 severe damage had been caused to the brain and beneath injury No. 3 which was on the neck, major vessels like carotid artery and internal jugular vein were cut. In his opinion the first three injuries suffered by the deceased, all of which were incised wounds, were sufficient in the ordinary course of nature to cause the death of the deceased. He also opined that the ante- mortem injuries were possible by the dagger, article 12 shown to him during the trial. The cause of death spelt out in the post mortem report was haemorrhagic shock due to right side out throat injury and head injury.

5. The investigation was conducted by P.I. Prakash Sonawane (P.W. 6), or Ratnagiri City Police Station and some other officers. After registering the case on the basis of the F.I.R., P.I. Sonawane directed P.S.I. Jadhav to go to the Civil Hospital and draw the inquest panchanama and directed P.S.I. Satpute to go to the spot and remain there.

On 21.7.1992 P.I. Sonawane recorded statements of 7 witnesses. On that day he included the inquest panchanama prepared by P.S.I. Jadhav and the spot panchanama in the investigation papers. On 22.7.1992 he recorded the statement of Mahesh Tilekar P.W. 2. That very day he arrested the appellant and on his pointing out seized from his house the blood stained clothes and a knife which was about 12” in length. The recovery was made from the Padvi of the Appellant’s house. P.I. Sonawane sent the recovered articles to the Chemical Analyser. After completing the investigation on 22.9.1992 he submitted the charge-sheet.

6. The case was committed to the court of Sessions in the usual manner.

In the trial court a charge under section 302 IPC, was framed against the appellant to which he pleaded not guilty and claimed to be tried.

In the trial court apart from tendering some documentary evidence prosecution examined as many as 6 witnesses. Out of them two namely, Suraj Paste (P.W. 1) and Mahesh Tilekar (P.W. 2) gave ocular account. The remain