STATE OF MAHARASHTRA Vs. PRAKASH DHAWAL KHAIRNAR

JUDGEMENT

(1.) SINCE both these matters arise out of the same set of facts and a common impugned Judgment, we are disposing them off by one Judgment.

(2.) TWO persons namely Prakash Dhawal Khairnar (Patil) and his son Sandip @ Babloo Khairnar (Patil) were charged by the Additional Sessions Judge, Malegaon, District Nasik, in Sessions Case no. 24 of 1997 for offences punishable under sections 302 r/w 34 IPC, 397 r/w 34 IPC, 120 B IPC, 201 r/w 34 IPC, section 3 r/w 25 of the Arms Act and section 27 of the Arms Act. Pursuant to the orders passed by D. K. Trivedi, J on 31/7/1999 in Criminal Application no. 1533 of 1999, preferred at the instance of the State of Maharashtra, on considerations of convenience and no objection by the counsel of the said accused persons, the said case was transferred to the Court of the Sessions Judge, Nasik, with a direction that either he may dispose off the same or assign it for disposal to any other Additional District Judge at Nasik. Consequently, the case was transferred to the Court of Mr. B. B. Satrale, Additional Sessions Judge, Nasik (at Nasik) and was numbered in the said court as Sessions Case no. 152 of 1999. The said Judge tried the same and vide order dated 19/5/2000 convicted and sentenced the accused persons -Prakash Dhawal Khairnar (Patil) and Sandeep @ Babloo Prakash Khairnar (Patil) in the manner stated hereinafter : - (i)Under section 302 r/w 120-B IPC to death; (ii)Under section 397 r/w 34 IPC to two years R. I. and to pay a fine of Rs. 1000/- in default to undergo six months R. I. (iii)Under section 25 (1) (b) (a) of the Arms Act r/w 120 B IPC to three years R. I. and to pay a fine of Rs. 1000/- in default to undergo six months R. I. ; and (iv)Under section 201 IPC to undergo seven years R. I. and to pay a fine of Rs. 1000/- in default to undergo six months R. I. The execution of the death sentence awarded under section 302 r/w 120 B IPC was made subject to confirmation by this court. Confirmation Case no. 3 of 2000 arises out of a reference made by the learned Judge for confirmation of the said sentence. Criminal Appeal no. 400 of 2000 has been preferred by the accused Prakash Dhawal Khairnar (Patil) and Sandip alias Babloo Prakash Khairnar (Patil) (hereinafter referred to as the appellants) against their aforesaid convictions and sentences.

(3.) ON 28/10/1996, in the presence of public panchas Nagesh More PW 3, and Prabhakar Sawale PW 17, P. I. More arrested the appellant - Prakash Patil. He removed his shirt and saw two black spots on the right shoulder, some scars on the left shoulder and some scratches on the neck. Thereafter, P. I. More asked the appellant - Prakash Patil to remove his shoes which were of casio company and found there was blood inside the left shoe and mud on the shoes. The said shoes were seized under a panchanama Exhibit 68. Since there were injuries on the person of Prakash Patil, he was sent for medical examination.