janardhan accused according to the prosecution than came forward and gave a blow with a long knife in the abdomen of bhaskar.
the occurrence it is stated was witnessed by parvatibai and janabai the two wives of bhaskai deceased as well as by ms daughter lata.
krishna vithu suroshe a pellant then gave a blow with a long knife in the back of bhaskar.
the exchange of abuses went on for about 10 15 minutes.
haribabu is anumberher brother of bhaskar deceased.
the houses of bhaskar narayan suroshe and janardhan narayan suroshe are situated in village raite and there intervenes a small lane between the two houses.
the appellant in his statement under section 342 companye of criminal procedure denied his presence at the scene of occurrence and his participation in the assault on bhaskar deceased.
the doctor incharge of the dispensary advised that bhaskar should be removed to the hospital.
bhaskar was declared to be dead.
janardhan also tried to pull bhaskar.
appeal by special leave from the judgment and order dated 4th december 1972 of the bombay high companyrt at bombay in criminal appeal number 1439 of 1972.
chitale on behalf of the appellant has urged before us that the appeal filed by the appellant before the high companyrt raised arguable and substantial points and the high companyrt as number justified in dismissing the appeal in limine.
report about the occurrence was lodged by parvatibai at kalyan police station at 11.45 p.m. at the trial parvtibai janabai and lata gave ocular evidence regarding the occurrence.
bhaskar was thereafter taken in a cart to govili dispensary.
criminal appellate jurisdiction criminal appeal number 96 of 1973.
according to the appellant he was falsely involved in this case at the instance of haribabu with whom the appellant had business rivalry.
each of them was sentenced to undergo imprisonment for life.
krishna vithu suroshe thereafter filed the present appeal to this by special leave.at the time the leave was granted it was directed that the appeal would be limited only to the ground wherein it had been stated that the high companyrt should number have dismissed the appeal in limine.
bhaskar was thereafter taken in a taxi to kalyan but by the time they arrived in the hospital at kalyan.
pandurang servant of bhaskar was also attracted to the place of occurrence.
the trial companyrt accepted the prosecution allegations and convicted and sentenced the accused as mentioned earlier.
on march 24 1972 at about 9 p.m. it is stated the two accused started abusing bhaskardeceased.
bhaskar narayan suroshe was the brother of janardhan narayan suroshe accused.
bhaskar then came to the kitchen of his house and standing in the door of the kitchen he also abused the accused.
krishna vithu suroshe filed an appeal against the judgment of the trial companyrt but the same was dismissed summarily by the bombay high companyrt.
s. chitle y. n. ganpule and p. c. kapur for the appellant r. khanna and m. n. shroff for the respondent the judgment of the companyrt was delivered by khanna j. janardhan narayan suroshe and krishna vithu suroshe were companyvicted by the additional sessions judge thana under section 302 indian penal companye on the allegation that they had caused the death of bhaskar narayan suroshe.
