AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.807 OF 2008 IN CRIMINAL APPEAL NO.649 OF 2008 Ramnarayan Dharamsagar Yadav. ... Applicant Vs. The State of Maharashtra ... Respondent Mr. Shivraj R. Patil for the applicant. Mr. V.B. Konde-Deshmukh, A.P.P. for the State. CORAM : SMT. RANJANA DESAI & R.G. KETKAR, JJ. DATED : 27TH APRIL, 2009. P.C.:- 1. The applicant was convicted by the IVth Additional Sessions Judge, Thane, in Sessions Case No.107 of 2006 for offence punishable under Section 302 of the Indian Penal Code (for short, “the IPC”). The case of the prosecution is that the applicant attacked deceased Kailash Kanchan Pal on 29/12/2005 at about 10.15 p.m. with a knife and cycle pump, which resulted in his AJN 2 death. 2. We have heard learned counsel appearing for the applicant at some length. He submitted that the applicant should be released on bail because there is no evidence against him. He submitted that the evidence of PW-3 - the complainant does not inspire confidence. He submitted that the complainant has stated that he apprehended the applicant and the applicant disclosed his name as Ramnarayan Yadav. According to the complainant, two policemen arrived there and they took away the accused and the deceased to the hospital. Learned counsel pointed out that PW-6 Ravindra Dalvi, the constable, who had taken the deceased and the accused to the Indira Gandhi Hospital, has stated that when he took the deceased to the hospital, the complainant was present there. Learned counsel submitted that this is not consistent with the complainant's case because according to the complainant, after the police took away the accused and the deceased, he went to his friend – Sanjay Rohera. 3. The accused was apprehended at the spot. It is pertinent to AJN 3 note that the accused had also received injuries. Following are the injuries sustained by the accused. “1. Incised wound size 4 x 1 x 1 cm. over right temporal bone region. 2. Contused lacerated wound about 2 cm in diameter, another 2 cm in diameter parallel to it over head uppermost point. 3. Contusion size 5 cm x ½ cm swelling over right scapula.” The injuries sustained by the accused support the prosecution case that he had attacked the deceased. Prima facie, it appears that he received the injuries while the deceased resisted the attack. It is not possible for us to accept the submission that the complainant's evidence must not be relied upon. It is true that while the complainant says that after the police took away the deceased and the accused to the hospital, he went to Sanjay Rohera whereas PW-6 Dalvi says that when he took the deceased and the accused to the hospital, the complainant was present. But AJN 4 prima facie, we feel that this does not discredit the complainant. It is possible that after meeting Sanjay Rohera, the complainant went to the hospital. Learned counsel then submitted that PW-2 Dr. Jayashree Mhaske has not clearly stated that the injuries sustained by the deceased were sufficient to cause death. He relied on the judgment of the Supreme Court in C.K. Raveendran v. State of Kerala, AIR 2000 SC 369 and the judgment of this court in Vinod s/o. Bapuna Kolhe, 2009 All.M.R. (Cri.) 350 in support of the above submission. 4. It is not possible for us to accept the submission of learned counsel for the applicant because PW-2 has denied the suggestion that except injury No.1, the other single injuries are not sufficient to cause death in ordinary nature. PW-2 has stated that some of the injuries are possible by the use of a knife and some of them are possible by the use of a cycle pump. For the present, we are of the prima facie opinion that there is evidence against the applicant to prove his involvement. The submission of learned counsel for the applicant, as regards the medical evidence, could be raised by him at the final hearing of the appeal. Considering the fact that the AJN 5 applicant is in jail for a long time, the appeal is expedited. 5. Criminal application is dismissed. [SMT. RANJANA DESAI, J.] [R.G. KETKAR, J.]