:1:

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPEAL NO.63 OF 1994

Raju Sandipan Sathe

Age-22 yrs. Occ-Service

R/o Rajaram Bahirat Chawl,

Bahiratwadi, Chaturshringi,

Pune-411016. ..Appellant

(Org.Accused)

Vs.

The State of Maharashtra ..Respondent

Appellant and Advocate for the appellant absent.

Mr. B.H. Mehta, APP for Respondent-State.

CORAM : S.S. PARKAR & S.R. SATHE, JJ.

CORAM : S.S. PARKAR & S.R. SATHE, JJ.

CORAM : S.S. PARKAR & S.R. SATHE, JJ.

Date : October 15, 2004.

Date : October 15, 2004.

Date : October 15, 2004.

ORAL JUDGMENT (PER S.S. PARKAR,J.) :

ORAL JUDGMENT (PER S.S. PARKAR,J.) :

ORAL JUDGMENT (PER S.S. PARKAR,J.) :

1. This appeal is filed challenging the Judgment and

Order dated 15/12/1993 delivered by the Additional

Sessions Judge, Pune convicting the appellant for the

offence under Section 302 of IPC and sentencing him to

RI for life and to pay a fine of Rs.500/- in default

RI for one month and also convicting the appellant for

offence under Sections 324 and 336 of IPC and

sentencing him to RI for one year and RI for one month

respectively in Sessions Case No.294 of 1991.

2. The prosecution case, leading to the conviction of

the appellant, is as follows :-

. Deceased Rajaram Bahirat was the landlord of the

property situate at Bahiratwadi, Pune.

Appellant-accused was one of the tenants of deceased

Rajaram who was residing in the aforesaid property.

:2:

On 5th March, 1991 at about 2 p.m. appellant-accused

knocked the door of the house of deceased Rajaram and

was calling Rajaram, who was sleeping in his room.

The door was opened by his daughter Kavita. Rajaram

also hearing the call of appellant came at the door.

Appellant pushed Kavita and stabbed Rajaram in his

chest with a knife which he was carrying in his hand.

Kavita and her brother Santosh tried to rescue

Rajaram. In the process Kavita also received injury.

PW 3 Chandrashekhar, who was also one of the tenants

of the deceased and was residing in the vicinity of

deceased Rajaram, rushed to the place of incident and

tried to over power the appellant-accused. The

appellant thereafter lifted the hammer lying there and

threw it towards the house of Rajaram and ran away

carrying the weapon in his hand. Injured Rajaram was

taken to Sassoon Hospital where he was declared dead.

Police were informed about the incident and,

therefore, PSI Temghare, attached to Swargate Police

Station went to the Sassoon Hospital. He drew inquest

panchanama and sent the dead body for post mortem

examination and went to Bahiratwadi and recorded the

complaint of Santosh, the son of the deceased. The

crime was registered and the investigation commenced.

3. During the investigation the scene of offence

panchanama was drawn, clothes of the deceased were

attached and seized under panchanama and statements of