RAJU TRAMBAK MAGARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In Sessions Case No. 89/1986 the Additional Sessions Judge, Jalgaon convicted the appellants-accused under Section 302 read with Section 34 India Penal Code and sentenced them to undergo rigorous imprisonment for life and to pay a fine of Rs. 3,000. 00 each and in default in the payment of fine to suffer further rigorous imprisonment for one year. Against the said judgment and order the appellants preferred Criminal Appeal No. 94/1994 in the High Court of Judicature of Bombay which was dismissed by the judgment and order dated 3/8/1998, 4/8/1998, 5/8/1998, 10/8/1998. That judgment and order is challenged by the accused by filing these appeals. Original accused nos. 2,3 and 4 have filed Criminal Appeal No. 1071/ 1999 and accused no. 1 has filed Criminal Appeal No. 1072/1999.

(2.) It is the prosecution story that information was received at Police Station Bazar Peth, Bhusaval that one person by name Rashid @ Bhurya, son of Babu Tadvi was brought to the hospital and he was dead. As per the prosecution version the incident took place on 4/2/1986 at about 7. 00 p. m. because accused no. 1, Laxman Kautik Soyanke started abusing the persons of the Muslim community in general. The deceased Rashid asked accused no. 1 Laxman as to why he was abusing the Muslim community in general. Hence the accused no. 1 got enraged. He and accused no. 4 Rahul Shankar Sonawane caught hold of the deceased Rashid and dragged him towards the house of one Raheman Murgiwala. When they took deceased Rashid near the house of Raheman Murgiwala, accused nos. 1 and 4 were still holding the deceased and accused no. 1 asked the other persons who were present there to assault the deceased. Thereafter, accused no. 2 Raju Trambak Magare armed with a knife, dealt blow on the person of Rashid causing him bleeding injury. Soon thereafter accused no. 3 Ravindra Parashram Kamble who was armed with gupti gave the blow by gupti thereby causing injury to Rashid. Having received injuries Rashid fell down on the ground and it is alleged that the accused no. 7 Sanjay Trambak Magare who had a steel rod, gave several blows on the person of the deceased. Similarly, other persons also gave stick blows or blows by iron rods. As the people gathered there and intervened, the accused persons fled away.

(3.) On receipt of information at the police station, PSI Waghare directed PSI Kadanor to go to the hospital and record the FIR. Accordingly, PSI Kadanor went to the hospital and recorded the information given by the father of the deceased Babu Tadvi wherein he has stated that he had five sons and at about 7 p. m. , his son Rashid had gone out. Thereafter, immediately his other son Raju came running after some time and stated that 13 persons named therein had surrounded his brother Rashid and they were carrying weapons like knives. Hence, he, along with his wife and son Saleem Babu went running towards the mutton market and there he found his son Rashid lying in front of the house of Laxman. They took him to the Municipal Hospital in a rickshaw. In the hospital. Dr. Umap examined him and said that on account of injury, Rashid had died at about 7.40 p. rn. ,