SACHIN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Criminal Appeal No. 3/2006 is preferred by the appellants/convicts challenging the impugned judgment and order dated 20th October, 2005 passed by learned 1st Adhoc Additional Sessions Judge, Wardha in Sessions Trial No. 117/2003 whereby the learned trial Judge found the appellants guilty of offence punishable under section 302 read with section 34 of the Indian Penal Code ( in short "IPC" ) and sentenced them to suffer imprisonment for life; while the other accused Lalaji Yadav, Suraj Vaidya, Dheeraj Wankhede, Prakash Ingle, Kailash Ingle, Dinesh Yadav, Narendra Dubey were found guilty of offence punishable under section 326 read with Section 149 of the IPC; and were sentenced to suffer RI for four years and fine in the sum of Rs.1,000/payable by each of them, in default, each of them were directed to suffer RI for one month. Thus, the accused who were found guilty of offence punishable under section 326 read with section 149 of IPC and were acquitted of the offence punishable under section 302 read with section 149 IPC.

(2.) The State of Maharashtra too challenged the impugned judgment and order by way of Criminal Appeal No.120/2006 questioning the legality thereof, with prayer to convict and sentence the accused according to law.

(3.) Briefly stated the prosecution case is that: one Aziz Bapu Miyan Sheikh was running a STD booth at Sevagram Chowk, Wardha; while is elder brother Suleiman is running a shop of Pan material by the side of STD booth. There is one hotel and tea canteen of Johnny @ Jan Mohammed since last eight years prior to the incident. The deceased Salim @ Mahesh Barayya was living along with said Johnny and was running another tea canteen, adjacent to the tea canteen of Johny. Salim @ Mahesh married with a Muslim girl. Dilip Barayya, brother of said Salim was working as servant in the hotel of Johnnybhai. The accused were resident of Adarsha Nagar, Sevagram, on the date of incident. On 1st 1st July 2003 between 9.10 p.m. and 9.30 p.m., Aziz Bapu Miyan Sheikh was present at his STD booth. He had heard shouts coming from the side of Sevagram square. When he went there he saw that accused Lalji Yadav, Munna Sandip Waghmare, Sachin Chate and others had entered into the Hotel of Johnny bhai. The accused No.1 Lalji Yadav was having sword in his hands, accused Sandip Waghmare was having a trident (trishul ); whereas other accused were armed with iron rods as well as wooden sticks. They had started damaging the tables and chairs of the tea canteen of Johnnybhai and accused Lalji had assaulted Suleiman on the head by means of sword. Suleiman fell down on the ground; while accused Sachin Chate assaulted Salim Barayya with a spear. Sandip Waghmare hit Salim on his head by means of trident. Accused Dhiraj assaulted Suleiman on his head. Accused Prakash had assaulted Tahir son of Suleiman by means of wooden stick; Kailash was also armed with sword and he had assaulted Tahir by means of sword. The accused Guddu Dubey was assaulting Suleiman on his head, when Tahir tried to intervene to save his father Suleiman. Thus, according to prosecution Aziz Bapu Miyan Sheikh saw the entire incident in which his elder brother Suleiman Johnnybhai Mahesh @ Dilip were injured. The accused persons had also damaged the articles in the Hospital and thereafter they ran away from the spot. Aziz Sheikh informed the Sevagram Police Station by telephone about the incident. All the injured persons were then taken to Sevagram Hospital while Aziz Sheikh lodged first information report which gave rise to Crime No.102/2003 against the accused. The investigation followed thereafter. The Police visited the spot, drew the spot panchnama. Injured persons were taken to Sevagram Hospital where they were medically examined namely, Suleiman Sheikh, Tahir Sulkeiman, Johnnybhai as well as Dilip Barayya. Salim @ Mahesh Barayya unfortunately succumbed to the injuries which he had received. The Inquest Panchanama was drawn on the dead body in presence of Panchas and dead body of Salim was referred for postmortem examination. According to Doctor who performed the autopsy he died as a result of haemorrhagic shock due to injury on vital organ i.e. lung. During the course of investigation articles namely, pair of slippers, sample of blood, blood smeared with earth, were seized from the spot.