NARAYAN MANIKRAO SALGAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this common judgment, we propose to decide criminal appeals being Criminal Appeal Nos.159 of 2008, 803-804 of 2008 and 297- 298 of 2008. For the sake of convenience, the facts have been taken from Criminal Appeal No.159 of 2008. All the appellants have been convicted for offences punishable under Sections 148, 302 read with Sections 149, 341 read with Section 149, 323 read with Section 149 and sentenced to S.I. for one year, imprisonment for life and fine of Rs.100/-. It has also been directed that, in default, they shall undergo further S.I. for six months, in the event of non payment of fine, S.I. for one month and S.I. for one month respectively with a direction that all the substantive sentences would run concurrently. The aforesaid conviction and sentences have been recorded in the judgment of First Adhoc Additional Sessions Judge, Parbhani dated 20th August, 2005, in Sessions Trial No.180 of 1998. Separate appeals filed by the appellants have been dismissed by the High Court. The conviction and sentence recorded by the Sessions Court have been confirmed. The High Court also noticed that the original accused No.2 Manikrao and original accused No.10 Maroti had died during the pendency of the proceedings. Therefore, the appeal filed by them had abated.

(2.) We may now briefly notice the facts recorded by the High Court.

(3.) PW 9, P.S.I Mallikarjun Ingale, who was attached to Tadkalas Police Station as a P.S.I. was informed by PW 1 Sharda about an incident in which her husband had been viciously attacked by about 10 to 11 persons at about 6.30 pm on 9th March, 1998. He was told that PW 1 alongwith her infant son was riding on a motor cycle with her husband Khushal from Tadkalas to Phulkalas. The motor cycle was intercepted by accused No.2 Manikrao on the road from Tadkalas to Phulkalas near the farm house of Salgar. PW 1 informed PW 9 that her husband was lying in an injured condition near the farmhouse of the assailants. On receipt of this information, PW 9 P.S.I. Ingale went to the scene of the offence alongwith some other police staff. PW 1 Sharda also accompanied the police party in a police jeep. The Police party headed by PW 9 alongwith PW1 and Jiwanaji PW7 on reaching the scene of crime noticed that Khushal was lying in a pool of blood in a very seriously injured condition. Khushal was taken to the Government Hospital at Tadkalas in a police jeep. However, as the medical officer was not available at the Hospital, the injured was sent to the hospital at Parbhani accompanied by one Head Constable and Constable in a police jeep. PW 9 recorded two entries in the station diary in this respect and thereafter went to General Hospital at Parbhani. By the time he arrived, the injured Khushal had already been admitted in the hospital. On enquiry PW 8 Mukashe informed the police that Khushal was in a fit condition to give his statement. The statement was duly recorded in the presence of the medical officer Dr.Mukashe, PW 8.