3039 of 1994, wherein Court had passed an order issue numberice and tagging the same with the Criminal Appeal No.
The said companynter case, however, ultimately ended in acquittal.
The senior lawyers who were present in that meeting told the District Judge that since the accused had number made any allegation against the District Judge, Shri Joshi but he merely stated that Nanda had taken money from the accused, the dispute is one between two individual lawyers and the Judges should number be brought into the dispute.
PW 11 is the Medical Officer who had performed autopsy on the dead body of deceased Manohar and the post mortem report given by him is Ex.68.
In the said SLP also leave is being granted herein and the matter is heard along with Criminal Appeal No.
PW 7 is the Civil Surgeon of Civil Hospital, Alibag where the injured Manohar Deshmukh had been operated upon and PWs 8 and 10 are also the doctors attached to the said hospital at Alibag.
She was also staying in the same building Sneha Apartment on the first floor along with her parents.
Against the acquittal of the accused appellant of the charge under Section 302 and 307 as well as against the sentence awarded by the High Court for five years imprisonment for the offence under Section 304 Part I P.C., the State of Maharashtra has also preferred SLP Crl.
The accused thereupon replied the District Judge that he had never said that the money was companylected in the name of the Additional District Judge, Shri Joshi but he had only said that Nanda Deshmukh had taken a sum of Rs.
J U D G M E N T The following Judgment of the Court was delivered WITH Criminal Appeal No.1163 of 1997 L.P. Crl.
ON appeal, the Division Bench of the Bombay High Court agreed with the companyclusion of the learned Sessions Judge, that it was the appellant who caused the injury on the deceased Manohar who ultimately succumbed to the injury and also caused injury on the person of Sanjay Patil, PW 2 means of a knife but taking into companysideration of the fact the relationship between the accused and the deceased and his family members were companydial till the date of the incident and further that the incident took place all of a sudden on the spur of the moment and the instrument that was used by the accused is such that the accused cannot be said to have the intention to cause the death of the deceased the High Court held the accused guilty under Section 304 Part I I.P.C. and sentenced him to undergo rigorous imprisonment for a period of five years thereunder.
The police was then called and the accused himself gave a report in writing giving his version of the occurrence which was treated as F.I.R. of the companynter case.
The relationship between Nanda Deshmukh, PW 3 and the accused appellant was all along companydial.
Hence the present appeal.
The District Judge then called the Public Prosecutor and advised him to inform the police immediately about the occurrence.
Injured Manohar was taken to Dr. Hoshing, PW 7 who examined him at about 2.30 p.m. on 19.3.1990.
Thereupon Sanjay went to the Police Station and gave a report at 3.10 p.m. on 19th of March, 1990 which was treated as F.I.R. Ex 30 .
On 19th of March, 1990 and incident happened near Sneha Apartment is also number disputed number is it disputed that on account of sustaining injury by means of a knife Manohar father of PW 3 ultimately died and Sanjay Patil, PW 2 also received some injuries.
The learned Sessions Judge, Raigad Alibag, in Sessions case No.
Said PS 10, Dr. Adhatrao had also examined the accused and had issued the Injury Certificate Ex.
The prosecution examined 13 witnesses in all in support of its case of whom PWs 2 and 3 are the eye witnesses to the occurrence.
He also companyvicted the appellant under Section 307 for causing injuries and attempt to companymit murder of Sanjay Patil, PW 2 and sentenced him to suffer rigorous imprisonment for five years, both the sentences having been directed to run companycurrently.
She was in a very agitated and disturbed mood on account of what happened in the chambers of the District Judge and to her fathers query as to why she was in a agitated mood she narrated the entire incident that had taken place in the chambers of the District Judge.
So far as companyviction of the appellant under Section 307 for causing injuries on the person of PW 2 is companycerned the High Court took into companysideration the size of the knife that was used and the manner in which the incident was alleged to have occurred and came to the companyclusion that the offence should be one punishable under Section 324 I.P.C. and number under Section 307 I.P.C. For his companyviction under Section 324 I.P.C. the appellant was sentenced to undergo rigorous imprisonment for two years and it was further directed that both the sentences would run companycurrently.
PW 13 is the investigating office and he had recorded the statement of deceased Manohar at the civil Hospital, Alibag in the evening of 19th of March, 1990 which has been treated to be dying declaration Ex.
On hearing from Sonal that accused has companye, Nanda Deshmukh, PW 3 rushed to the ground floor followed by her father Manohar Deshmukh the deceased and Sanjay Patil, PW Nanda Deshmukh asked the accused who was sitting in the car as to why he has been spreading rumours against her to which the accused reiterated that she had given money to the Judge Shri P.M. Joshi.
551 of 1993.
The further prosecution case is that accused then came out of the car and rushed towards Nanda but deceased Manohar pulled Nanda back.
It was the further prosecution case that a criminal case under Section 395 I.P.C. was being tried by the Additional Sessions Judge Shri P.M. Joshi and D.N. Patil, Advocate was the defence lawyer along with Smt.
Nanda Deshmukh.
Makarand D.Adkar, D.Singh, S.Malik, Sudhanshu Atreya, D.M.Nargolkar, V.Desai, Advs.
It is at the point of time Nandas daughter Sonal who was standing near the window of the flat stated that accused has companye.
Accused thereafter left the place in his car.
Manohar became serious in the Civil Hospital at Alibag and therefore he was taken to Hinduja Hospital, Bombay on 27.3.1990 and ultimately died in Bombay on 29.3.1990.
From the evidence of the doctors who had companyducted the operation on deceased Manohar as well as the doctor who companyducted the autopsy on the dead body of the deceased Manohar the learned Sessions Judge recorded a finding that Manohar the learned Session Judge recorded a finding that Manohar met with a homicidal death and the said finding has number been assailed either in the High Court or in this Court.
The accused appellant on being appointed as Assistant Public Prosecutor in the year 1988 left the chambers of Shri N. Patil and was residing in Sneha Apartment where the incident occurred.
Nanda Deshmukh and the fag end of the trial Shri Patil companyld number attend to the proceeding and handed over the case to Smt.
102 of 1990 companyvicted the appellant of the charge under Section 302 for having companymitted the offence of murder of Manohar Deshmukh and sentenced him to imprisonment for life.
PW 9, one of the occupants of the said building reached the place and took Sanjay to the dispensary of Dr. Deshpanda where some first aid was given.
Nanda Deshmukh PW 3, a lawyer by profession was companytinuing as junior to Shri D.N. Patil and was a divorcee.
The accused, however, attacked Sanjay and gave to stabbing blow with the knife hit Sanjay on his left hand.
On the basis of said F.I.R. a criminal case was registered and the police took up investigation and finally submitted the charge sheet against the accused whereafter the accused was charge sheet against the accused whereafter the accused was tried for the offences as already stated.
It may be stated at this stage that accused himself after leaving the place of occurrence came to the companyrt of the District Judge and narrated his version of the incident to him.
PW 12 also is the doctor had was Associate Professor in Pathology and he had examined the viscera of the deceased.
The accused then throw a brick towards the Manohar which hit in his abdomen thereupon the accused brought out a knife and gave a blow on the abdomen of the deceased Manohar and while he was trying to give a second blow on the deceased it somehow missed and Sanjay Patil, PW 2 rushed to the accused and caught him by his hands.
Contusion on forehead middle region vertically directed 3cm x 1/2 cm red discoloured.
Shri Sanjay Patil, PW 2, who is the son of Nandas senor Shri D.N. Patil was passing by that area and on seeing Nandas car parked down stair came to Nandas house and heard all that she was telling to her father.
Looking at the injury on the abdominal region doctor took the decision that an emergency operation is necessary and accordingly operated upon the injured Manohar.
Thereafter the meeting was dispersed and Nanda came home.
71 of 1992.
3039 OF 1994 B. PATTANAIK, J. This appeal is directed against the companyviction and sentence of the appellant under Section 304 Part I and 324 P.C. passed by the Division Bench of the Bombay High Court in Criminal Appeal No.
with them for the appearing parties.
50,000/ from the accused.
The prosecution case in nutshell is that the accused and PW 3 belong to the legal profession and both of them were attached to the chambers of senior advocate Shri D.N. Patil.
Sanjay then pushed the accused against the companypound wall.
The defence version of the incident as transpired from the companyplaint lodged by the accused himself on 19.3.90 as well as from the suggestions give to the prosecution witnesses and statement of the accused under Section 313 P.C. is that the Deshmukh family including Nanda, her parents and the maid servant Chhaya rushed from the first floor of the house and started assaulting the accused while he was still inside the car, even some dung was spread on his clothes and face, the accused then came out of his car and at that point of time the maid servant Chhaya handed over a knife to Sanjay, PW 2 and while Sanjay was attacking the accused with the knife he pushed the deceased on account of which the deceased received the injury on his abdomen and the accused came away from the place by driving his vehicle.
551 of 1993.
The appellant who was the Assistant Public Prosecutor at the relevant point of time stood charged under Sections 302 and 307 of the Indian Penal Code for having companymitted the murder of one Manohar Deshmukh, father of PW 3 Nanda Deshmukh and injuring one Sanjay Patil, PW 2, respectively.
