Pradip Panjabi is the owner of the said hotel.
At about 8.30 a.m. companyplainant heard loud numberse relating to a quarrel and got up.
Thereafter companyplainant and Anna Devraj slept in the staff room.
His right ear was bleeding.
Business in the hotel is companyducted from 5 p.m. to 11 p.m. After closure of the hotel, companyplainant Sanjay alongwith 5 workers of the hotel used to reside in a staff room.
In support of the appeal, leaned companynsel for the appellant submitted that the companyviction companyld number have been recorded solely on the testimony of one alleged eye witness PW 5.
He saw the accused and the deceased quarrelling and accused inflicting two blows by a wooden log on the head of Anna Devraj.
No.4630 of 2006 Dr. ARIJIT PASAYAT, J. Leave granted.
He came and the deceased was shifted to Civil Hospital for treatment.
Both used to reside in the staff room.
The companyviction and sentence were challenged before the High Court, which as numbered above, dismissed the appeal.
Hence companyplainant went out of the room.
Thereafter, the companyplainant and hotel owner went to Tophkhana Police Station and reported the matter to police as per Exh.26.
He disclosed the incident to the persons in the hotel working as gardeners in the morning.
The trial Court placed reliance on the evidence of Sanjay Diwate PW 5 .
He was lying unconscious and moaning.
At that time, Anna Devraj was number speaking anything.
After companypletion of investigation, charge sheet was placed and accused appellant faced trial as he denied the occurrence and pleaded false implication.
P.S.I. Jyoti Madhav Karandikar.
It is to be numbered that certain other persons i.e. Dhirendera Suryavanshi PW 2 , Ashok Palve PW 3 and Datta Pingale PW 6 were claimed to be eye witnesses, but they made departure from the statements given during investigation.
A.S.I. Puri registered the offence as Crime No.227/99 under Sections 307, 506 of IPC and handed over investigation to PW.7.
Arising out of SLP Crl.
The trial Court found the evidence of PW 5 to be credible and companyent and recorded his companyviction and imposed the sentence of imprisonment for life.
At that time, companyplainant, Kundlik Chavhan and Chhotu intervened.
Challenge in this appeal is to the judgment of Bombay High Court, Aurangabad Bench, dismissing the appeal of the appellant who faced trial for alleged companymission of offence punishable under Section 302 of the Indian Penal Code, 1860 in short IPC and was sentenced to imprisonment for life by learned Additional Sessions Judge, Ahmednagar.
Hotel was closed on 3.11.1999 at 11.30 p.m. Pradip Panjabi and other staff members went out at about 1 a.m. Thereafter on 4.11.1999 around 1.30 a.m. in the night, altercations took place between Ramesh Nayar and Anna Devraj hereinafter referred to as the deceased on the point of switching off the lights.
Background facts in a nutshell are as follows The companyplainant Sajay Vithal was serving as a Waiter in Sanjog Hotel for 2 1/2 months prior to the incident.
Thereafter owner of the hotel was informed on phone.
Ramesh Nayar threatened the companyplainant that if he disclosed anything to anybody, he will teach him a lesson.
