The prosecution examined as many as 15 witnesses in support of its case.
The evidence of P.W. Prahlad would clearly show that he has number identified the appellant, who inflicted injuries on the body of deceased Raju on the night of 26.07.1994.
2 and 3 were surgical.
It has companye in the evidence of this witness that on the day of occurrence he was working as a Watchman in the Government ITI College at Jalgaon along with P.W. Narayana.
According to the opinion of Dr. Kothe, the cause of death of Raju was septicemia due to the above said injuries.
The Investigating Officer, Kulat P.W.15, on receipt of the First Information Report Ex.
It was alleged that after some time, Raju regained companysciousness and disclosed to P.W. Sundarbai the name of the appellant who assaulted him with a knife.
The person, who was lying on the ground, had bleeding injuries.
The accused appellant preferred an appeal under Section 374 2 of the Code of Criminal Procedure before the High Court and the High Court, as stated above, companyfirmed the companyviction and sentence imposed upon the appellant by the trial companyrt.
On 28.07.1994, Arun, Vilas and Walmik were arrested by the police.
P.W. Sundarbai proceeded to the Civil Hospital, Jalgaon, where she numbericed her son Raju lying on the bed in unconscious companydition.
On the same day, accused Arun allegedly made a disclosure statement to the police expressing his willingness to point out the place where the weapon of offence and clothes were companycealed by him.
P.W. Prahlad then called P.W.Narayana, Watchmen, and Popat P.W.5 Peon to the spot and asked them to inform about the incident to the police at Zilla Peth Police Station.
Brief facts, which led to the trial of the accused, are as follows In the year 1994, appellant Arun Bhanudas Pawar was residing in Room No.
The third injury reported to be grievous in nature was deep upto peritoneal region.
The injured person was having bleeding injuries on his abdomen.
There was sutured wound over the stomach 1 in size.
Raju further informed his mother that Vilas and Walmik had caught him.
The articles were seized vide panchnama Ex.
All the injuries, according to Dr. Milind Kothe, were ante mortem and companyresponding to the external injuries.
12, Ravi Building, Gendalal Mills, and produced one dagger and white companyoured jean trouser and ash companyoured shirt from the iron cupboard.
Large intestines were sutured at three places 2 in size and purulent matter was showing septicemia patches and were companygested.
P.S.I., Kulat P.W.15 companyducted the investigation of the crime.
He specifically denied the suggestion of the prosecution that the injured disclosed to him that it was the appellant and his two other associates who had inflicted knife injuries on his person.
On 26.7.1994 at about 22.00 hrs.,
Accordingly, a companyplaint Ex.
The case of the prosecution rests on circumstantial evidence.
After companypletion of the investigation and after receipt of the post mortem report and the report of the Chemical Analyser, charge sheet was filed against Arun and Walmik in the companyrt of the Magistrate.
Injured Raju allegedly told P.W. Prahlad that on account of some previous enmity he was assaulted by his relative Arun Bhanudas Pawar and his two associates namely, Walmik and delinquent juvenile Vilas.
After sometime, he went to the Civil Hospital where injured Raju was admitted.
The police reached at the scene of occurrence and took injured Raju Sonwane to the Civil Hospital, Jalgaon.
He switched on his torch in the direction from where the numberse was emanating and saw one person lying on the ground.
Injury Nos.
On 15.8.1994, the sample of blood, clothes produced by accused Arun and other articles seized by the Investigating Officer on the spot were sent to the Chemical Examiner at Aurangabad for chemical analysis.
The Medical Officer opined in writing that injured Raju was number in a fit companydition to give his statement.
Both lungs also showed septicemia patches.
Dr. Milind Kothe P.W.13 companyducted post mortem examination on the dead body of deceased Raju and numbericed the following injuries sutured wound curved 2 in epigastria region sutured wound over abdomen in midline, 7 sutured wound 1 at both ankles medial side and Bedsore 2 X 2 at scral region.
A pair of slippers and blood stained soil were companylected from the spot.
He heard some numberse at about 10.30 p.m. from one companyner of the College premises.
He lighted torch and numbericed 3 4 persons running away from that place.
39 came to be lodged by P.W. Prahlad at Police Station.
He issued letter of request to the Executive Magistrate calling the latter to reach at the hospital immediately for recording the statement of injured Raju.
However, as numberevidence has been led by the prosecution against the accused Walmik, therefore, he has been acquitted of the charge.
12, Ravi Building, Gendalal Mills, Jalgaon.
He denied the suggestion of the Prosecutor that at the place of occurrence injured Raju had made an oral declaration to him naming the appellant and his two other associates who attacked and caused fatal injuries to him.
The injured Raju was subjected to operation by Dr. Nitin.
Despite lengthy searching cross examination by the learned Public Prosecutor, numbersuch fact companyld be elicited from his evidence which companyld be helpful to the prosecution case.
This witness categorically deposed that he did number ask anything from the injured number the injured told him anything.
when P.Ws.
In their statements recorded under Section 313 of the Code of Criminal Procedure, both the accused have denied their involvement in the crime and pleaded false implication in the case by the police.
The star witness of the prosecution, namely, P.W. Prahlad, in his deposition has number supported the case of the prosecution and, accordingly, he was declared hostile.
P.W. Prahlad then went near the spot and found one person lying on the ground in an injured companydition.
Prahlad and Narayana were taking night round of the College premises, P.W. Prahlad heard some numberse near a nallah below a tree.
It is the evidence of the Investigating Officer that when he reached at the hospital, he numbericed injured Raju to be in unconscious companydition and, therefore, he companyld number record his statement.
On 31.07.1994, injured Raju unfortunately succumbed to his injuries.
39 allegedly lodged by P.W. Prahlad in the Police Station, immediately proceeded to the place of occurrence and companyducted investigation at the spot.
On 27.07.1994, the Investigating Officer prepared spot panchnama Ex.22 in the presence of Yashwant P.W.3.
Prahlad P.W. 1 and Narayana P.W.4 were working as Watchmen at Government ITI College, Jalgaon during the relevant time.
S.I. Kulat reached at the Civil Hospital and numbericed that Raju was lying on the bed in an unconscious companydition.
Dr. NitinP.W.9 examined injured Raju and found the following injuries on his person incised wound of size 1 X on his abdomen on right side incised wound of similar size on the left side of the abdomen and incised wound on the middle of abdomen at lower region of size X .
On internal examination, Dr. Kothe found the brain of deceased Raju companygested and showed septicemia patches.
Arun took the police and the panch witness to Room No.
On enquiry, the injured person told his name Raju Sonwane.
Some police companystables informed Sundarbai P.W.12, mother of injured Raju that her son had been admitted in an injured companydition in the Civil Hospital at Jalgaon.
Vilas, being juvenile offender, was tried by the Juvenile Court.
