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WILSON ABRAHAM CHOURIAPPA V/S STATE OF MAHARASHTRA , decided on Monday, June 19, 1995.
[ In the High Court of Bombay, CRIMINAL APPEAL NOS. 548 OF 1993 WITH 574 OF 1993 . ] 19/06/1995
Judge(s) : G.R. MAJITHIA & VISHNU SAHAI
Advocate(s) : S.M. Dange, , in Cr.A. No. 548 of 1993. Prashant Naik, in Cr.A. 574 of 1993. K.H. Chopda, A.P.P., State.
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  "1996 (3) BCR 163"  ==   "1995 (101) CrLJ 4042 BOM"  







    Evidence Act 1872 - Section 3---Indian Penal Code 1860 - Sections 460 & 302 -Case Law Referred :1.Sarwan Singh Rattan Singh v. The State of Punjab A.I.R. 1957 S.C. 6372.Ram Lakhan v. State of U.P. A.I.R. 1983 S.C. 352.     VISHNU SAHAI J.Since these two connected Criminal Appeals arise out of same set of facts we propose disposing them of by a common Judgment.2.Vide judgment and order dated 25-8-1993 the IIIrd Additional Sessions Judge Nasik convicted the three appellants of the two connected appeals under sections 460 I.P.C. 396 read with 397 I.P.C. and 302 I.P.C. and sentenced them to undergo 7 years R.I. and to pay a fine of Rs. 1000/- in default R.I. for a period of one month under the first count; 7 years R.I. and to pay a fine of Rs. 2000/- and in default of payment of fine to undergo 2 months R.I. under the second count; and R.I. for life and to pay a fine of Rs. 3000/- in default of its payment to further undergo 3 months R.I. under the third count. The substantive sentences of the appellants were ordered to run concurrently.3.The informant one Rakeshchandra Goyal P.W. 1 was the neighbour of deceased Barjorji Paymaster. His evidence is that appellant Edward John Ingal was working as a cook at the house of the deceased and appellant Lawrence John Ingal had previously worked at the house of the deceased.According to the informant on 29-11-1991 at about 6 a.m. appellant Edward John Ingal came and informed him that his master Barjorji Paymaster was lying in the bathroom and was not responding. Edward also told him that telephone had been disconnected. On receiving this information the informant telephonically informed police station Deolali Camp. The aforesaid information was received by P.I. Balasahab Ganpati Gaikwad P.W. 8. On 29-11-1991 between 6.45 a.m. to 7 a.m. On the aforesaid information he along with some police personnel immediately rushed to the place of incident. He found that a number of articles were lying scattered and some roof tiles of the bungalow from the backside had been removed. He also found that dead body of the deceased was lying in the bathroom.Thereafter P.S.I. Gaikwad recorded complaint of the informant Rakeshchandra Goyal and on its basis registered an offence at C.R. No. 136 of 1991 at Deolali Camp Police Station. He prepared inquest panchanama Exh. 11 spot panchanama Exh. 12 and also recorded statements of 9 witnesses including that of the brother of the deceased Kaikaush Paymaster. The same day (29-11-1991) he interrogated appellant Edward John Ingal. On 30-11-1991 he arrested him. Same day he also arrested Nareshkumar Prabhudayal Kailash Naidu and Wilson appellant.On 2-12-1991 P.W.I. Gaikwad recorded memorandum panchanama of appellant Wilson as per Exh. 24 and recovered one stick at his instance in the presence of panchas. He also seized Rs. 450/- from Wilson Peter Matale P.W. 4 in whose custody appellant Edward John Ingal had kept the aforesaid amount.Thereafter P.S.I. Gaikwad sent the seized articles to Chemical Analyst at Aurangabad. On 9-12-1991 P.S.I. Gaikwad produced the appellant Edward John Ingal before the JMFC Nasik Road for recording his confession. He received reports of the Chemical Analyst Exhs. 17 and 18 and put them on the record.After completing the investigation he filed the charge-sheet in the Court of JMFC Nasik Road on 25-3-1992.4.Going backwards the autopsy of the dead body of the deceased was conducted on 29-11-1991 between 3 p.m. to 4 p.m. by Dr. Manohar Mehta P.W. 6. On the dead body the doctor found the following ante-mortem injuries :-1.Contusion on frontal region oblique 3 x 2 red colour.2.Swelling on left temporal partial region.3.Linear abrasion on left side of neck below the angle of mandible 1 X