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Dharamaraj Alias Sai Laxman Das vs The State Of Maharashtra on 25 August, 2022

Bench: M.R. Shah, B.V. Nagarathna

     ITEM NO.1                               COURT NO.9                  SECTION II-A

                                   S U P R E M E C O U R T O F        I N D I A
                                           RECORD OF PROCEEDINGS

     SPECIAL LEAVE PETITION (CRIMINAL) Diary No. 43140/2019

     (Arising out of impugned final judgment and order dated 05-02-2019
     in CRLA No. 1462/2011 passed by the High Court of Judicature at
     Bombay)

     DHARAMARAJ ALIAS SAI LAXMAN DAS                                       Petitioner(s)

                                                          VERSUS

     THE STATE OF MAHARASHTRA                                              Respondent(s)

     (IA No. 197429/2019 - CONDONATION OF DELAY IN FILING
      IA No. 197432/2019 - EXEMPTION FROM CUSTODY CERTIFICATE
      IA No. 197430/2019 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
     JUDGMENT

IA No. 197431/2019 - EXEMPTION FROM FILING O.T. IA No. 20225/2020 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 25-08-2022 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE M.R. SHAH HON'BLE MRS. JUSTICE B.V. NAGARATHNA For Petitioner(s) Mr. S. Nagamuthu, Sr. Adv.

Mr. Sidharth Sharma, Adv.

Mr. Bharathimohan M., Adv.

Ms. Priya R., Adv.

Mr. Avinash Kumar, Adv.

Mr. K. Paari Vendhan, AOR For Respondent(s) Mr. Rahul Chitnis, Adv.

Mr. Sachin Patil, AOR Mr. Aaditya A. Pande, Adv.

Mr. Geo Joseph, Adv.

Ms. Shewtal Shepal, Adv.

Mr. Durgesh Gupta, Adv.

UPON hearing the counsel the Court made the following O R D E R Delay condoned.

Digitally signed by R Natarajan Date: 2022.08.25 Having heard Shri S. Nagamuthu, learned Senior Advocate 17:30:47 IST Reason: appearing on behalf of the petitioner and Shri Rahul Chitnis, contd...

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learned counsel appearing on behalf of the State and considering the evidence on record, the High Court has rightly observed and held that the present case shall not fall in any of the exceptions to Section 300 of the Indian Penal Code (IPC). The findings recorded by learned Trial Court, confirmed by the High Court while convicting the petitioner for an offence under Section 302 IPC are on appreciation of entire evidence on record, which as such are not required to be interfered with by this Court in exercise of powers under Article 136 of the Constitution of India. We are also satisfied that the manner in which the petitioner came down form the 5th floor with knife and caused multiple injuries on the vital parts of the body, namely, chest and abdomen, that itself is suggestive of the intention on the part of the petitioner. Hence, the Special Leave petition stands dismissed.

Now, the petitioner to surrender before the concerned Jail Authority/Court forthwith to undergo the remaining sentence. His bail bond shall stand cancelled.

Pending application(s) shall stand disposed of. (NEETU SACHDEVA) (NISHA TRIPATHI) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR