3 to 6 were taken into custody at about 5 A.M. Accused Nos.
Appellant No.1 gave a knife blow on the chest of Bodha and Appellant No.2 gave a zara blow on his head.
Then at about 9 P.M. he went to Golden Gate Restaurant situated on S.V. Road.
3 and 6 who had also chased Bodha did number enter the house but remained standing outside abusing Bodha and uttering threats When Kuldip Kaur, sister of Bodha and Rajinder Singh went near the door, appellant No.6 asked them to bring Bodha out as he wanted to take revenge as Bodha had some days before the date of the incident beaten them.
Gaothan lane No.2 wherein accused Nos.
938 and 939 of 1978.
The Doctor who examined Bodha found him dead.
With respect to Accused Nos.
When he reached near the junction of S.V. Road and Gaothan lane No.1, he was attacked by a crowd of about 10 to 12 persons, including the 8 accused and some injuries were caused to him.
1 to 6 were also charged under Sections 449.
1 to 6.
7 and 8 were arrested on May 5.
7 and 8 evidence of Afzal PW6 and Robin PW8 was number found to be reliable.
1 and 2 were arrested on 24.4.1977 and Accused Nos.
Appellant No.6 accused No.6 died during the pendency of this appeal.
So he informed police companystable Kadam who was on duty about Bodhas death.
Afzal received number of injuries,became giddy and fell down in the nearby gutter.
Gaothan lane No.2 where accused Nos.1, 3, 4, 6 and acquitted accused Nos.7 and 8 were residing is about 30 feet away from Gaothan lane No.1.
All the companyvicted accused filed appeals in the High Court challenging their companyviction and sentence.
Afzal saw the assault on his friend and run to his rescue.
Bodha fell down at that very spot as a result of the injuries received by him.
Bodha met him there, They remained there till some time before 11 P.M. As Afzal wanted to catch the last bus leaving Andheri for Varsova at about 11.05 M., they left the restaurant and came near the bus stop which was in between Gaothan lanes No.1 and 2 on S.V. Road.
Greater Bombay, in Sessions Case No.207 of 1977 for the offences punishable under Sections 147, 148.
Finding the companydition of Bodha serious, he removed Bodha with some of his family members in the van to Cooper hospital.
Within a short time the investigation started.
450 both read with Section 34 I.P.C. The learned Additional Sessions Judge companyvicted all the accused for the offences with which they were charged.
V. Road in the main road running through Andheri, a suburb of Bombay.
P.S.I. Nanaware who was the incharge of the mobile van reached Arthur Villa within 5 to 6 minutes.
Harbans Singh on being informed bout the incident immediately companytacted the police companytrol room.
A. No.
A. No.887/79 filed by accused Nos.
Bodha pushed open the front door of his house, crossed the first room, went into the second room and while he was trying to open the door of kitchen, appellants Nos.1 and 2 who had followed him right inside his house, assaulted him again.
Bodha had a friend named Afzal, who was earlier residing in Arthur Villa but later on shifted to Varsova, a nearby suburb.
and Gaothan lane Nos.1, 2 and 3 are its lanes.
three zaras out of which two were stained with human blood, one blood stained razor and blood stained bush shirt of Afzal from near that junction.
On Kuldip Kaur informing them that Bodha had received serious injuries and had become unconscious, appellant Nos.3 to 6 also ran away.
939/78 was filed by accused Nos.
7 and 8 was allowed and they have been acquitted.
All the appellants and acquitted accused Nos.7 and 8 were tried by the learned Additional Sessions Judge.
On re appreciation of the evidence, the High Court also found with respect to the first part of the incident near the junction of the road that the evidence of Harbinder Singh PW5 in toto and that of Afzal PW6 in part i.e. except regarding identification of the accused was rightly relied upon as it received companyroboration from the find of blood.
Afzal stopped at the bus stop and Bodha proceeded further towards his house.
Seeing the serious companydition of her son, Surjit Kaur sent her younger son Surender Singh to call her brother Harbans Singh who was residing close by.
The companytrol room informed the mobile police van moving in that area.
Constable Kadam sent a telephone message to Andheri Police Station.
A. No.
Meanwhile, Bodha started running towards his house.
As regards the assault on Bodha which took place inside the house, the High Court came to the companyclusion that the evidence of Kuldip Kaur PW2 , Rajinder Singh PW4 , Surjit Kaur PW3 and Charanjit Singh PW9 was reliable and trustworthy.
Accused Nos.
The High Court agreed with the finding of the Sessions Court that Appellant Nos.
Accused appellants Nos.1 to 6 ran after him.
On 22.4.1977, at about 7 P.M. Afzal left his house at Varsova and went to Andheri to meet his married sister.
NANAVATI.
1 and 2 and Cr.
The High Court dismissed both the appeals and companyfirmed the companyviction and sentence recorded by the Court of Sessions, Greater Bombay.
938/78 was filed by accused Nos.
3 to 6.
On seeing Afzal approaching them the assailants turned their attention towards Afzal and assaulted him with the weapons which they were carrying.
Appellant Nos.
had formed an unlawful assembly companymon object of which was to companymit murder of Bodha and that in prosecution of that object the killed Bodha and injured Afzal.
Appellant No.1 had an open knife in his hand and appellant No.2 was armed with a big iron zara a utensil with many holes, ordinarily used by companyks and companyfectioners .
Harbhajan Singh alias Bodha for whose murder the appellants have been companyvicted was residing at Arthur Villa situated at a distance of about 20 feet from the junction of Gaothan lane No.l and Swami Vivekanand Road S.V. Road .
Bodha was residing with his widowed mother Surjit Kaur and five brothers, namely 1 Sukhwinder Singh, 2 Rajinder Singh, 3 Harbinder Singh, 4 Jitender Singh and Surender Singh.
J. This appeal by special leave has been filed by the companyvicted accused against the companymon judgment and order passed by the High Court of Bombay in Criminal Appeal Nos.
2 and 5 were residing is little ahead of Gaothan lane No.2.
302 read with 149.
The two appellants then ran away from there.
