JUDGMENT - VISHNU SAHAI, J.:---By means of this appeal, preferred under section 378(1) Cr.P.C. the State of Maharashtra (appellant) seeks to impugn the judgment and order dated 13-8-1982, passed by the Additional Sessions Judge, Greater Bombay in Sessions Case No. 120 of 1981, acquitting the respondent for offences under section 302 I.P.C. and 323 I.P.C.; the latter on two separate counts, one for causing injuries to Parvati Govindraj, P.W. 4 and the other for inflicting injuries on Kanamma Aarumugam, P.W. 7.

2.Briefly stated the prosecution case runs as under :---

The informant Parvati Govindraj P.W. 4, is the wife of the deceased Govindraj. Kanamma Aarumugam P.W. 7, is the mother of Parvati. Tangamani Katmuttu P.W. 6 being the real brother of the deceased Govindraj, is the brother-in-law of Parvati. Parvati, Kanamma and Tangamani along with the deceased Govindraj lived in a hut in front of B.M.C. (Bombay Municipal Corporation) Building No. 20, Opposite Post Office, Sion Koliwada, Bombay. The respondent who was alleged to be running a matka den and conducting business of selling illicit liquor was said to be living a couple of huts away from Parvati's hut.

From the evidence, it appears that the respondent was considered to be a goonda and a hot headed person by the residents of the locality.

On 19-1-1981, at about 10.30 p.m. Govindraj was sleeping inside his hut. At that time, Parvati and Kanamma were sitting on a cot and were talking. The respondent came in front of their hut and started abusing Parvati and Kanamma. Naturally, Parvati asked the respondent as to why he was abusing them. Thereupon, the respondent became angry and entered inside the hut. He gave two fist blows on the nose of Parvati resulting in bleeding from her nose. He also gave a fist blow on the backside of the elbow of Kanamma. Parvati shouted resulting in Govindraj waking up. Govindraj asked the respondent as to why he had assaulted Parvati and Kanamma. Thereupon, the respondent caught hold of Govindraj's shirt and dragged him outside the hut. He took him on the main road which was in front of the hut. At that place, there was electric light. The respondent knocked down Govindraj on the road near the place where there was electric light; took out a knife from his shoe; and inflicted a solitary blow on the right side of the chest of Govindraj with the same. After inflicting the blow, the respondent stood there. Parvati and Kanamma were watching the incident from their hut. They wanted to come to the rescue of Govindraj but the respondent brandished the knife towards them and hence understandably they could not muster the required moral courage to come to the rescue of Govindraj.

Thereafter, the respondent is said to have run away.

After the respondent had left the place of the incident, Parvati along with Kanamma went to the place where Govindraj was lying. At that time, her brother-in-law Tangamani who was returning from the place of his work also happened to reach the said place. The evidence of Tangamani is that a boy called Piriswami (not examined) had informed him about the murder of the deceased.

Tangamani went and fetched a taxi and on the same, he, Parvati and Govindraj went to Sion Hospital. At that time, Govindraj was gasping.

3.At 10.50 p.m. Parvati, Govindraj and Tangamani reached Sion Hospital also known as Lokmanya Tilak Hospital. At the hospital, Dr. Kalyani Mehta P.W. 5 medically examined Govindraj and found him to be dead.

At the Sion Hospital, Police Constable Baban Awagade P.W. 13 who was at the E.P.R. (Emergency Police Register) counter which was situated near the Casualty Ward on the basis of the information given by Parvati, made an entry in the E.P.R. Register at 10.50 p.m.

Constable Awagade after making the entry, telephonically informed Matunga Police Station at 11.45 p.m. The phone call was attended by S.I. Vilas Sanghai P.W. 15. The contents of the E.P.R. entry were conveyed to P.S.I. Sanghai who asked Constable Tukaram Gaikwad P.W. 14 to

Click Here to Read the rest of this document