Arun Nivalaji More vs State Of Maharashtra

These appeals, by special leave, have been preferred against the judgment and order dated 28.9.2004 of Bombay High Court by which the appeal preferred by the appellant against his conviction under Section 304 Part I IPC and sentence of 7 years R.I. and a fine of Rs.200/- awarded by the learned Additional Sessions Judge, Jalgaon in Sessions Case No.145 of 1987, was dismissed and the appeal preferred by the State of Maharashtra was allowed and his conviction was altered from 304 Part I to Section 302 IPC and he was sentenced to imprisonment for life.

2. The case of the prosecution, in brief, is that the appellant Arun Nivalaji More was working as a licensed commission vendor in the catering unit at Bhusawal Railway Station. He absented from duty with effect from 3.11.1986 and reported back for work after more than two months on 6.1.1987 on which date he gave an application giving reasons for his absence from duty. In this application he stated that he had gone home on account of illness of his wife and subsequently he was arrested by police in connection with some criminal case and after being released on bail he had reported for duty. PW-1 Pramod Uniyal, Senior Divisional Commercial Superintendent, directed that an enquiry may be made from the concerned Police Station regarding the arrest of the appellant. PW-5 Narayan Dhangar, Head Clerk then sent a letter to Police Station, Faizpur, enquiring about the case in which the appellant had been arrested. The Incharge of Police Station, Faizpur, informed that the appellant had been arrested in case Crime No. 63 of 1986 under Section 302 IPC and that he had been released on bail. After receiving the information that a case under Section 302 IPC had been registered against the appellant, PW-1 Pramod Uniyal and Chhedilal Baliram Ahirwar, who was working as Divisional Commercial Superintendent and who lost life in the incident in question, took a decision to cancel the licence of the appellant. Accordingly a letter was prepared on 20.1.1987 under the signature of Chhedilal Baliram Ahirwar (hereinafter referred to as 'Shri Ahirwar') giving intimation to the appellant regarding termination of his licence. The letter was served on the appellant on the same day by PW-5 Narayan Dhangar at about 1.30 P.M. The case of the prosecution further is that the appellant, armed with a knife, entered the office of the Divisional Commercial Superintendent at about 4.15 P.M. on 20.1.1987. First he went near the table of Shri Tadvi, who was working as Office Superintendent and thereafter stood near the table of Shri Bandu Kulkarni as he was looking for an opportunity when Shri Ahirwar would be left alone in his chamber. Thereafter he entered the chamber of Shri Ahirwar and gave him a blow by the knife on the left side of stomach. Shri Ahirwar shouted for help saying "Bachao............... bachao" (save .......... save). PW-2 Ashok Pardeshi, who had gone to the D.C.S. Office in connection with a tender which his father had submitted for taking contract of a cycle stand, and was standing in front of the chamber of Shri Ahirwar, saw the appellant stabbing him with a knife. He immediately rushed inside and after picking up a chair threw it at the appellant. Shri Ahirwar also threw a glass containing water on the appellant in order to save himself. The appellant thereafter ran away from the door at the rear side of the chamber. Hearing the commotion some persons including PW-3 Mohammed Ilias and PW-4 Eknath reached the scene of occurrence. PW-1 Pramod Uniyal had also come and Shri Ahirwar told him that he was assaulted by a knife by the appellant Arun Nivalaji More. PW-7 Sukhdeo Bavane, a constable of RPF, gave a chase to the appellant and managed to apprehend him at a distance of about 200 meters near Poonam Hotel. He seized a blood stained knife from the pocket of the appellant and thereafter the appellant was taken to the police station. Shri Ahirwar was rushed to the railway hospital in a jeep where an operation was performed but he succumbed to his injuries on 23.1.1987. After usual investigation the police submitted charge-sheet against the appellant under Section 302 IPC.

5. The learned Additional Sessions Judge, after carefully analyzing the evidence on record, accepted the prosecution version of the incident that the appellant assaulted the deceased with a knife which had been recovered from his possession and had been produced in court. He also disbelieved the defence taken by the appellant that the deceased had used any sarcastic words or that there was any scuffle between the appellant and the deceased. However, for reasons, which we will advert to later on, he convicted the appellant under Section 304 Part I IPC and sentenced him to undergo 7 years R.I. and a fine of Rs.200/- and in default to undergo 2 months R.I. The appellant preferred an appeal against his conviction and sentence before the High Court and the State of Maharashtra also preferred an appeal challenging the acquittal of the appellant under Section 302 IPC. As stated earlier the High Court dismissed the appeal filed by the appellant and allowed the appeal filed by the State and altered the conviction of the appellant to that under Section 302 IPC and sentenced him to imprisonment for life.

(iii) with the knowledge that the act is likely to cause death."

Therefore, the contention advanced in the present case and which is frequently advanced that the accused had no intention of causing death is wholly irrelevant for deciding whether the case falls in clause Thirdly of Section 300 IPC.

20. Having given our careful consideration to the submissions made by the learned counsel by the appellants and the material on record we are clearly of the opinion that the offence committed by the appellant is one under Section 302 IPC and not under Section 304 Part I IPC as held by the learned Additional Sessions Judge. The High Court was, therefore, perfectly correct in allowing the appeal filed by the State and altering the conviction of the appellant from Section 304 Part I IPC to that under Section 302 IPC.

21. In the result the appeals fail and are hereby dismissed.