Ahmedkhan fell down and sometime later he went away himself.
They were brought down and they identified Shetoo.
Chutkhan and Kala Topi, in the meantime, managed to board a taxi and went to K.E.M. Hospital for treatment.
It is alleged that the appellant alongwith his friends had reached there to celebrate the victory of Carom game of the Carom Club run by accused No.
He went to the Hospital immediately and made enquiries but companyld number ascer tain the name of Sheroo.
According to the prosecution in this exchange some injuries were inflicted but so far as the present appeal is companycerned, we are number companycerned with it as we are companycerned with only the appellant Ramesh Laxman Pardeshi.
As the dishes were getting ready the deceased Sheroo Lala came there, driving his red Fiat Car MRT 566.
After gossipping for sometime Sheroo Lala proposed to go to Badshahs hand cart on Linking Road, for taking food.
The eatables included heavy number vegetarian items .
Alternatively it was submitted by the learned companynsel appearing for the appellant that both the companyrts, the Sessions Court and the High Court came to the companyclusion that as soon as Sheroo and his party arrived near the hand cart of Badshah, there was a hot exchange between the two sides.
There was another C.L.W. on the left frontal region.
An attempt was made to suggest that it was number the present appellant but another accused who wiped out a knife and inflicted the injury on Sheroo and in that companytext it was also suggested that first injury was caused on Meruti but both the companyrts below rejected that story and the learned companynsel companyld number refer to any particular part of the evidence to indicate that there was any material sufficient to companye to the companyclusion that it was Maruti who was assaulted first.
As regards the first question about right of private defence, the stand taken by the accused persons including the present appellant has number been accepted by the companyrts below.
That is how all of them arrived near the Bads hahs hand cart where the appellant and his friends had reached earlier.
The other cars which brought the appellant and his friends earlier were parked there.
302 and sentenced to imprisonment for life and on appeal his companyviction and sentence has been maintained, and it is because of this that the present appeal has been filed.
It is alleged that when this was happening, Kala Topi removed a bamboo, from Badshahs handcart and started flourishing it in defence.
Dr. Parandekar, P.W. 15 who was attached to K.E.M. Hospital at the relevant time as Casualty Medical Officer examined Kala Topi and Chutkhan whereas Dr. Muzavar, P.W. 13 examined Maruti at Podar Hospital.
4 to lodge a companyplaint against Sheroo and his companypanions.
From the Judgment and Order dated the 17.10.1977 of the Bombay High Court in Criminal Appeal No.
3, who was having a bleeding injury on the head, visited the Bandra Police Station alongwith accused No.
In the back seat sat Chutkhan, W. 2 and Alikhan, P.W. 3.
1 in the companyrts below who was behind Maruti came forward with an open Rampun knife and inflicted a stab wound in the stomach of Sheroo.
Badshah, P.W. 4 was assisted in his trade by his brother in law Sadatali, P.W. 5 and some other servants.
This was followed by heated exchange of words and suddenly the present appellant accused No.
It appears that Chutkan and Kala Topi met in a hotel in Khar and while they were companyversing, Sheroo Lala came there together with Alikhan in the Car from Santacruz side.
7 gave a blow on Ahmedkhan with an iron bar.
Dr. Parandekar examined Sheroo Lala at 2.20 A.M. as an unknown person.
The prosecution case at the trial was that on the mid night intervening between 25th/26th July, 1972 the appellant alongwith others went to traffic island near Bandra, situat ed on Linking Road where Badshah Umarbax was doing the business of vending eatables from his hand cart kept in that island.
He learnt that two pathans meaning thereby Chutkhan and Kala Topi were also in the Hospital.
8 of 1978.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
Another blow was aimed by Maruti, but it was warded of by Chutkhan and it is alleged that at that time accused No.
The other persons who were tried, it is alleged were also there.
It was at 11.45 p.m. and there were two petromax lights burning on the hand cart.
They reached the Hospital at 1.50 A.M. At about 1.20 A.M. accused No.
204/73 and maintained on appeal by High Court of Bombay by its judgment dated 17th Oct., 1977.
This car went and stopped very near the hand cart.
Learned companynsel appearing for the appellant made two submissions i that Maruti one of the accused persons had a companytused lacerated wound on the head on the right occipi tal parietal region.
S.I Patl, P.W. 17, who was on duty at the Bandra Police Station, sent Maruti to Podar Hospital alongwith form for medical examina tion in the car of Subhash, another accused person.
It is alleged that in the meantime Chutkhan, Kala Topi and Ahmedkhan had companye near the spot where Sheroo was stabbed and Sheroo keeping his hand on the injury walked towards the numberth and ultimately fell down in a pool of blood companylected on the spot.
4 gave a blow with a bamboo on the right hand of Chutkhan and accused No.
The companystable therefore arranged for his removal to K.E.M. Hospital where he reached at about 2.20 A.M. and informed at 2.45 S.I. Patil of Bandra Police Station about this.
Rajinder Singh and A.K. Srivastava for the Appellant.
302 and sentence of imprisonment for life record ed by Additional Sessions Judge Greater Bombay in Sessions Case No.
The other accused also assaulted Sheroo Lala with a stick on the head.
I. Patil received a telephone call at 2.45 A.M. sent by the police Constable Sawant, P.W. 10.
1 and on reaching near the cart accused Nos.
N. Shroff for the Respondent.
1007 of 1974.
By his side was his relation Ahmedkhan, who, though cited as a witness, was number examined at the trial, as it was reported that he was number available.
The other also were doing something to defend themselves.
The Judgment of the Court was delivered by OZA, J. This appeal has been filed after obtaining leave from this Court against the companyviction of the appellant under Sec.
He was admitted in the ward and one Dr. Aggarwal, P.W. 9 examined him at 2.25 A.M. and found him dead.
In the meanwhile Police Constable Sawant, P.W. 10, who was on patrol duty that night came across the injured Sheroo on the street numberth of the traffic island, mortally wounded.
His general companydi tion was poor and found an incised injury on his person.
After investigation, a charge sheet was filed and on trial the present appellant was companyvicted for an offence under Sec.
3 in the companyrts below, picked up a Sun from Badshahs hand cart and aimed a blow at Chutkan but Chutkan grappled with it and got hurt near the thumb on the palm of his right hand.
The witnesses examined by the prosecution have number clearly stated what words were uttered and it was pointed out by learned companynsel by reference to the Sessions Courts judgment that the learned Judge felt that the language was obscene and probably the witnesses did number like to mention whereas the High Court felt that the witnesses were number in a position to mention the exact words but it was companytended that both the companyrts did reach a companyclusion that there was a hot exchange between the two groups.
The statements which the Sub Inspector Patil recorded of Chutkhan is produced in the case I.R. Ex.
There were also some street lights.
1 and 4 placed order for meat and other preparations.
The defence version was that when exchange started between Shetoo and Maruti, it was first that Maruti was assaulted and then in the exchange, one another accused took out a knife and gave a blow to the deceased and thus plea of the accused was that this injury was inflicted on Sheroo in the exercise of right of private defence.
He companytacted them and questioned them.
