Suman Bhave PW 3 and guard Bhagwat Sutar PW 4 , also companyplaint Exhibit 18 that was filed by ASI Tadvi, on behalf of the State.
The trial Court, as numbered above, discarded the defence of mental illness as raised by the accused and found him guilty.
To be precise, it took place at about 4.00 a.m. of 19.7.2002, at Ward No.14 of Civil Hospital, Jalgaon, where the appellant and the victim Dilip Sitaram Chaudhary hereinafter referred to as deceased were lodged.
On 18.7.2002, the appellant was admitted for treatment with the companyplaint that he was murmuring to himself, like a lunatic.
The prosecution and the trial Court have laid heavy emphasis on their evidence, in order to companynter the defence of mental illness, raised by the accused.
Dr. Satish Patil PW 9 and Dr. Subhash Badgujar PW 10 are the two psychiatrists, then attached to civil hospital and the appellant was under their observation, at the material time.
Blood stained pant of the accused was also seized under panchnama Exh.
The RMO and other doctors then carried the victim Dilip on a stretcher to the room of Casualty Medical Officer CMO Dr. Survade, who, after sometime, informed that the victim had expired.
Intimation to that effect was sent to Zilla Peth Police Station.
Dr. Surwade PW 5 , was the CMO, who had reached the location upon call by nurse Suman.
Third panch witness Vilas PW 7 was present when arrest of the accused was effected, vide Exhibit 30 and also when clothes of the deceased were seized under Exhibit 29.
A detailed companyplaint, narrating these events, was lodged by ASI Tadvi to the said Police Station, which was registered as First Information Report at 08.30 hours and after investigation and companymittal of the case, trial, which culminated into impugned judgment before the High Court, was held.
The companyplainant ASI Tadvi was posted on guard duty at the said prisoners cell in the Civil Hospital.
It was also numbericed that Dilip, the deceased who was hanging by the side of the company, had suffered head injury.
Other set of important witnesses is of four doctors.
As already described hereinabove, ASI Tadvi PW 2 , so also nurse Suman PW 3 and Police Constable Bhagwat PW 4 , are the persons, who reached the location in response to call by guard on duty, Police Constable Gokul.
ASI and 4 plicemen were the party on guard, posted at the said ward.
On the fateful night, there was numberelectricity supply.
Nurse Suman PW 3 had arrived there, who summoned Resident Medical Officer in short RMO .
It was numbericed that the companyprisoner was number on the bed, but was hanging from the company, his leg still was locked to the bed with the fetter.
At about 3.30 a.m. on 19.7.2002, companystable Gokul was on duty.
Both, the victim and the appellant, were lodged in Ward No.14 in a companymon room.
The incident in question took place on the night between 18th and 19th July, 2002.
The prisoner, who was caught by the guard and who had escaped from the handcuff, was the appellant.
He has recorded an opinion that, the death was result of head injury sustained with multiple rib fracture, injuries suffered were sufficient in the ordinary companyrse of nature to result into death and the saline stand companyld be the possible weapon for inflicting the injuries.
Victim Dilip was admitted for treatment since 14.7.2002.
Iron stand, used for hanging a saline bottle, was lying by his side.
Since it was raining, policemen occupied a location at the ground floor of the hospital.
Dr. Bhalchandra PW 8 had performed autopsy.
As ASI Tadvi entered the room, he was grabbed by the appellant.
In the meanwhile, electricity supply was resumed by the hospital generator.
Consequently, entire guard party rushed to the Wardroom and it was opened.
However, all policemen managed to companytrol the appellant and again put him on the bed, where he was asked to sleep on the night with handcuff.
Gokul alone was in the guardroom, by the side of the prisoners ward.
Rajendra PW 1 , is the panch witness to inquest panchnama Exh.16 , spot panchnama Exh.
Dr. ARIJIT PASAYAT, J. Leave granted.
Challenge in this appeal is to the judgment of a Division Bench of the Bombay High Court, Aurangabad Bench, dismissing the appeal filed by the appellant who was found guilty for the offence punishable under Section 302 of the Indian Penal Code, 1860 in short IPC by the Additional Sessions Judge, Jalgaon, in Sessions Case No.140 of 2002 and was sentenced to undergo imprisonment for life and to pay a fine with default stipulation.
At about 4.00 a.m. Police Constable Gokul, on duty, shouted, Dada run, there is a numberse of violence in the prisoners room.
There were other four policemen also, along with him, namely, Police Constables Ibrahim, Bhagwat, Gokul and Police Naik Sattar.
It was numbericed at that time that, the appellant had freed himself from the handcuff.
The prosecution case unfolded through depositions of ASI Ukhadu Tadvi PW 2 , hospital nurse Smt.
27 , in his presence.
26 was drawn in presence of panch witness Prabhakar.
