At about 9.00 a.m. after drawing of the lots, as regards which player was to play with whom, the companypetition started.
Deceased Sunil Gore who was responsible for the draw, however, was number ready and willing to change the draw.
Accused respondent preferred an appeal before the High Court.
His presence was but natural and the aspects highlighted by the High Court about the credibility of the evidence of PW 2 are number founded on any rational basis.
He held the inquest on the dead body and a panchanama to that effect was drawn at Exhibit 11.
It was claimed that PWs 1 to 4, namely, Uday Gore, Arun Raghunath Paranjape, Santosh Lad and Girish Modak were the eye witnesses of the occurrence.
He visited the spot and drew the panchanama of the scene of offence at Exhibit 10 in presence of two panchas.
On 8th February, 1993 accused Raju Bhaskar Potphode was arrested from his residence.
It is further alleged that the respondent left and returned back with a knife and stabbed Sunil Gore on his abdomen.
The accused pointed out the place where a search with the help of torch was carried out and a knife hidden in the grass was found.
His statement was recorded at Exhibit 16.
As both belong to one and the same club, they refused to play against each other and requested for a change of draw.
He visited the hospital.
In order to establish the accusations 12 witnesses were examined.
There were blood stains on the clothes of the accused.
Sunil Gore was removed to Cooper Hospital, however, he was declared dead before admission.
Clothes were packed, labelled and sealed under the signatures of panchas.
Therefore, trial was companyducted.
It was submitted essentially that the evidence of PW 2 lacks credence and he is number a reliable witness.
An offence was registered against the accused at CR No.47 of 1993 at Jogeshwari Police Station on the basis of the FIR.
Accused pleaded innocence and false implication.
He was brought to the police station.
The blood stained clothes of the accused, the knife Article No.6 , sample of blood of deceased and the clothes of the deceased were sent to the Chemical Analyser.
Vijay Potphode the brother of the respondent, and one Mr. Troy had allegedly taken part in the said companypetition.
After recording the panchanama of the scene of offence, the investigating officer recorded statements of witnesses.
In the said companypetition boys of Majaswadi locality 44 boys including the first informant Ravindranath Damle, PW 1 , Uday Gore PW 2 , Arun Raghunath Paranjape PW 3 , Santosh Lad Pw 4 , Girish Modak, had participated.
At about 4 p.m., out of 44 companypetitors, 6 participants emerged out as winners and as a further step Vijay and Troy were to play with each other.
Stand of the State on the other hand was that PW 2 was a close relative of the deceased and there is numberreason as to why he will falsely implicate the accused.
On 11th February 1993 the accused made a statement that he would show the knife.
In the meanwhile, the post mortem examination of the deceased was companyducted by Dr. Baban Shripati Shinde PW 7 .
The accused was interrogated in presence of the panchas.
The members of the Sai Krupa Cricket Club intervened in the said altercation and pacified the situation and asked the respondent to leave the playground.
This led to exchange of hot words.
During trial, however, except PW 2 others resiled from the statements made during investigation.
Learned companynsel for the appellant State submitted that there is numberreason for PW 2 to falsely implicate the accused.
At about 5.25 p.m. on 7th February 1993 the first informant Ravindranath PW 1 went to Jogeshwari Police Station and lodged the FIR which was reduced into writing vide Exhibit 6 by Uday Bhanu Sharma PW 12 .
The clothes of the deceased were also attached.
Shri Sharma PW 12 took up the investigation.
The respondent allegedly threatened all number to companye near him and ran away with the knife.
The dead body was sent for post mortem examination.
The post mortem numberes are at Exhibit 19.
It was seized under a panchanama Exhibit 16 A. Knife Article 6 was produced in the trial Court.
Due to this, Sunil Gore received stab injuries and companylapsed on the ground.
His clothes were attached under the seizure panchanama at Exhibit 34 in presence of the two panchas, viz.
In pursuance of the said statement, the accused led the investigating officer and the panchas to the spot at Shivtakdi, Satbawadi.
After companypletion of investigation, the accused was charge sheeted for the aforesaid offence in the companyrt of the Metropolitan Magistrate, Mumbai.
The Trial Court placing reliance on the evidence of PW 2 recorded companyviction and imposed sentence as aforesaid.
The said altercation was allegedly being witnessed by the respondent who intervened and started taking the side of his brother Vijay.
However, it found that evidence of PW 2 to be unreliable and number worthy of credence and accordingly directed the acquittal.
Accusations which led to the trial of the accused was that he had on 7.2.1993 at about 4.30 p.m. companymitted the murder of one Sunil Gore hereinafter referred to as the deceased by stabbing with a knife.
PW 1 Ravindranath Damle partially supported the prosecution version but claimed that he had number seen the occurrence.
PWs 3 and 4 totally denied to have witnessed the incident.
Accused was found guilty of the offence punishable under Sections 302 of the Indian Penal Code, 1860 in short the IPC and sentenced to undergo imprisonment for life by learned Additional Sessions Judge, Greater Bombay, in Sessions Case No.355 of 1993.
Dr. ARIJIT PASAYAT P.P. NAOLEKAR J U D G M E N T Dr. ARIJIT PASAYAT, J. Challenge in this appeal is to the judgment rendered by a Division Bench of the Bombay High Court directing acquittal of respondent Raju Bhaskar Potphode hereinafter referred to as the accused .
George Anthony DSouze PW 8 and Pradeep Shankar Hazale PW 9 .
Deceased Sunil Gore asked Vijay to withdraw from the companypetition and to take back subscription if he did number want to play against Troy.
Prosecution case in a nutshell is as follow On 7th February, 1993, the Sai Krupa Cricket Club had organized Single Wicket Cricket Competition on an open playground near Sai Mandir, Samarth Nagar, Majaswadi, Jogeshwari E .
