Doli Ledha Ravidas vs The State Of Maharashtra
2021 Latest Caselaw 16613 Bom

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             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CRIMINAL APPELLATE JURISDICTION

                    INTERIM APPLICATION NO. 2209 OF 2021
                                     IN
                       CRIMINAL APPEAL NO. 741 OF 2021

Doli Ledha Ravidas                                            ...Applicant

         Versus

The State of Maharashtra                                      ...Respondent
                                ...
Mr. Devidas Jadhav i/by. Mr. D.V. Kendre for applicant.
Mr. S.S. Hulke, APP for State.
                                ...

                                        CORAM : S. S. SHINDE &
                                                N. J. JAMADAR, JJ.

                                        DATE :         1st DECEMBER, 2021.

P.C.:

1. The applicant who is convicted for the offence punishable

under Section 302 of the Indian Penal Code, 1860 ('the Penal Code'),

and sentenced to suffer imprisonment for life and fne of Rs. 1000/-

and in default to suffer simple imprisonment for one month, in

Sessions Case No. 277/2017 by the impugned judgment and order

dated 31/03/2021 passed by the learned Sessions Judge, Thane,

has preferred this application for suspension of sentence and to

enlarge him on bail till the disposal of the appeal, under Section

389 of the Code of Criminal Procedure, 1973 ('the Code').

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2. The gravamen of indictment against the applicant runs

as under:-

The applicant and Vasudev (the deceased), who was elder

brother of Ranjeet Das, the frst informant, were native of

Jharkhand. The deceased Vasudev and the accused were residing

together as they had cordial relations, at Sonale. The accused had

gone to his native place leaving his wife at Sonale. Upon his return

from native place, the accused entertained a suspicion that there

were illicit relations between the deceased and his wife. A quarrel

took place. The deceased started to reside separately. However, the

accused continued to have grudge against the deceased.

3. On 13/01/2017 while the informant was waiting for the

deceased near the premises of the company where the deceased

used to work, he heard shouts of quarrel. The frst informant

rushed to the spot from where shouts emanated. The deceased was

found lying on the ground. Upon inquiry, the deceased informed

him that the accused assaulted him by means of knife. The frst

informant raised alarm. The frst informant saw the accused feeing

away from the said spot. Passersby gathered. The persons chased

the accused. The accused was apprehended. The deceased was

declared dead before he could be admitted in the hospital.

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4. The learned Sessions Judge, was persuaded to return

the fnding of guilt against the accused on the basis of the testimony

of the frst informant Ranjeet Das (PW4) and Shamshad Shaikh

(PW2), who had seen the quarrel, the recovery of the blood stained

knife pursuant to the discovery made by the accused and the

number of injuries found on the person of accused, which were

sought to be explained away by the accused by offering an

explanation, which was, in turn, found to be not acceptable.

5. The learned counsel for the applicant would urge that

the learned Sessions Judge has committed an error in basing the

fnding of guilt on the strength of the oral dying declaration

allegedly made by the deceased before Ranjeet Das (PW4).

Emphasis was laid on the fact that Shamshad Shaikh (PW2),

another eye witness to the occurrence, did not depose that the

deceased had made such declaration before him as well. In the

circumstances, on the basis of such oral dying declaration, it could

not have been recorded that the accused was the author of the

assault.

6. We have perused the material on record including

deposition of witnesses and the impugned judgment. The fact that

the deceased had known the accused from before is rather

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incontestable. Nor it can be disputed that Ranjeet Das (PW4), the

brother of deceased, had known the accused. In addition to the

dying declaration, allegedly made by the deceased before Ranjeet

Das (PW4), the later has asserted in categorical terms that he had

seen the accused feeing away from the spot immediately after the

occurrence. This claim of Ranjeet Das (PW4) could not be

impeached during the course of cross examination. In addition to

this, FIR came to be lodged within hours of the occurrence. The

accused came to be apprehended almost instantaneously. Upon

medical examination, as many as 10 injuries were found on the

person of the accused. Two of the injuries namely, injury no. 8 and

9, were the incised wounds over the right index fnger and middle

fnger. Those injuries demonstrate that there was a scuffe and

injuries were sustained by the accused also, while unleashing blows

by means of sharp weapon. To add to this, there is recovery of

weapon of offence pursuant to the discovery made by the accused.

Blood stains were also found on the said weapon.

7. In the totality of the circumstances, there is both, direct

and circumstantial evidence to establish the authorship of the

crime. Thus, we are not persuaded to exercise the discretion in

favour of the applicant and suspend the sentence.

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8. Hence, the application stands rejected.

9. However, having regard to the nature of occurrence,

number of witnesses and the situation in life of the applicant, in our

view, it may be expedient to expedite the hearing of the appeal.

Accordingly, the hearing of the appeal is expedited.

10. Registry shall ensure that the paper books are received

within the period of four months from today.

11. Subject to above directions, the application stands

disposed of.

      ( N. J. JAMADAR, J.)                              (S. S. SHINDE, J.)




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