SAMBHAJI HINDURAO DESHMUKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal by the accused 2 to 6 is against the judgment dated 29/30.3.2005 of the Bombay High Court allowing the Criminal Appeal No.193 of 1995 filed by the State of Maharashtra and reversing the judgment of acquittal dated 30.1.1995 passed by the IV Additional Sessions Judge, Satara in Sessions Case No.123 of 1989. For convenience, appellants 1 to 5 will be referred to as accused Nos. 2, 3, 4, 5 and 6 respectively.

(2.) The case of the prosecution in brief is as under :

(3.) On completion of investigation, charge-sheet was filed on 3.10.1988 against A1 to A7 and JMFC, Karad committed the matter to the Sessions Court. Charges were framed for offences under sections 143, 147, 148 and Sections 302, 307, 326, 325, 324, and 323 read with section 149 IPC. Alternative charges were framed for offences under sections 302, 307, 326, 325, 324, 323 read with Section 34 IPC. The accused pleaded not guilty. During trial, prosecution examined 17 witnesses and one witness was examined on behalf of the defence. The parents of deceased Shivaji (Ganpat and Putlabai) were examined as PWs. 12 and 13. The brothers of the deceased, Vilas and Ananda, were examined as PWs. 9 and 14. All the four were the injured eye-witnesses. vs. G. Chougule, IO was examined as PW17. Dr. H.R. Tata (who treated Vilas) and Dr. Madukar Salunkhe (who treated Putlabai and Ananda and conducted postmortem of body of Shivaji) Dr. R.B. Gunaki (who treated Ganpat) were examined as PWs 10, 11 and 15. Maruti Desai (PW1) was the panch witness of inquest panchanama. PW2 drew the sketch of the scene of the crime. PW16 took the body of Shivaji for post mortem. PWs.3 and 4 were the Panch witnesses for the spot panchanama (Ex.33) and recovery panchanama (Ex.35). PWs. 5 and 6 were the panch witnesses for the statement of A2 (Ex.37) and recovery panchanama (Ex.37A). PWs. 7 and 8 were the panch witnesses to the statement of A5 (Ex.40) and recovery Panchnama (Ex.40A). One Kalawati, neighbour of Ganpat was examined as DW1.